6022ORDINANCE NO. 6022
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING THE DISNEYLAND RESORT
SPECIFIC PLAN NO. 92-1 AND CHAPTER 18.114 OF THE
ANAHEIM MUNICIPAL CODE AND AMENDING
ORDINANCE NOS. 5377 AND 5378, AS PREVIOUSLY
AMENDED, ACCORDINGLY (AMENDMENT NO. 6).
WHEREAS, pursuant to the procedures set forth in Chapter 18.72 (formerly,
Chapter 18.93) of the Anaheim Municipal Code, on June 29, 1993, the City Council of the City
of Anaheim adopted Ordinance No. 5377 amending the zoning map to reclassify certain real
property described therein into The Disneyland Resort Specific Plan No. 92-1 Zone subject to
certain conditions as specified therein, and Ordinance No. 5378 relating to establishment of
Zoning and Development Standards for The Disneyland Resort Specific Plan No. 92-1 by the
addition of Chapter 18.114 (formerly, Chapter 18.78) to said Municipal Code; and
WHEREAS, on April 12, 1994, the City Council adopted Ordinance No. 5420
amending Ordinances Nos. 5377 and 5378 relating to The Disneyland Resort Specific Plan No.
92-1, Amendment No. 1, which amendment established "District A", redesignated a portion
(approximately 9 acres) of the East Parking Area to District A, and established Zoning and
Development Standards for District A; and
WHEREAS, on June 20, 1995, the City Council adopted Ordinance No. 5503
amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland
Resort Specific Plan No. 92-1, Amendment No. 2, which amendment redesignated a portion
(approximately 10 acres) of the East Parking Area to District A; and
WHEREAS, on October 22, 1996, the City Council adopted Ordinance No. 5580
amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland
Resort Specific Plan No. 92-1, Amendment No. 3, which amendment encompassed
modifications to The Disneyland Resort Project including a Revised Phasing Plan; modifications
to the Specific Plan (including the Zoning and Development Standards, Design Plan and
Guidelines and Public Facilities Plan) to implement the Revised Phasing Plan; and, incorporation
of text and graphic modifications to the document; and
WHEREAS, on September 16, 1997, the City Council adopted Ordinance No.
5613 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The
Disneyland Resort Specific Plan No. 92-1, Adjustment No. 1, which adjustment encompassed
standards addressing permitted encroachments, screening requirements and height limitations;
and
WHEREAS, on July 13, 1999, the City Council duly adopted Ordinance No. 5689
amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland
Resort Specific Plan No. 92-1, Amendment No. 4, which amendment encompassed text and
exhibit changes throughout the Specific Plan document to reflect the establishment of the new
Pointe Anaheim Overlay which provides for the development of the Pointe Anaheim Lifestyle
Retail and Entertainment Complex, including amendments to the Development Plan, the Design
Plan and Guidelines, the Public Facilities Plan and the Zoning and Development Standards; and
WHEREAS, on March 19, 2002, the City Council duly adopted Ordinance No.
5807 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The
Disneyland Resort Specific Plan No. 92-1, Amendment No. 5, which amendment pertained to
the Pointe Anaheim Project; and which amendment encompassed text and exhibit changes
throughout the specific plan document to reflect the modified Pointe Anaheim Project, including
development in up to five phases over time, including amendments to the Land Use Plan, Design
Plan, Zoning and Development Standards and Conditions of approval; and
WHEREAS, on December 12, 2005, the Anaheim City Planning Commission, by
its motion, duly initiated General Plan Amendment No. 2005-00440, Amendment No. 6 to The
Disneyland Resort Specific Plan and an amendment to Conditional Use Permit No. 4078
(including a waiver of minimum number of parking spaces) for the area of land legally described
as Area B in Exhibit "A" attached hereto and incorporated herein by this reference; and
WHEREAS, William Stone, as authorized agent for Anaheim GW, LLC,
submitted requests on January 3, 2006 for General Plan Amendment No. 2005-00440,
Amendment No. 6 to The Disneyland Resort Specific Plan No. 92-1 (including amendments to
the Land Use Plan, Public Facilities Plan, Design Plan, General Plan Consistency, Zoning and
Development Standards and Conditions of Approval), Amendment to Conditional Use Permit
No. 4078 with waiver of code requirements, a request for the City of Anaheim to enter into the
Second Amended and Restated Development Agreement No. 99-01 by and between the City of
Anaheim and Anaheim GW, LLC, Tentative Parcel Map No. 2002-205, and Final Site Plan No.
2006-00002 for the area of land legally described as Area A in Exhibit "A" attached hereto and
incorporated herein by this reference. Anaheim GW, LLC has also submitted a request to amend
the Disposition and Development Agreement by and between the City of Anaheim and Anaheim
GW, LLC which will be considered by the City Council concurrently with the above-described
actions (the city -initiated actions and the actions requested by Anaheim GW, LLC are hereinafter
referred to collectively as the "Proposed Project Actions"); and
WHEREAS, proposed Amendment No. 6 to The Disneyland Resort Specific Plan
No. 92-1 (including amendments to the Land Use Plan, Public Facilities Plan, Design Plan,
General Plan Consistency, Zoning and Development Standards and Conditions of Approval)
relates to the mix and allocation of land uses, zoning standards, phasing, project layout and
modifications to project conditions of approval and mitigation measures to provide for the
development of 569,750 square feet of specialty retail, restaurants, and entertainment, including
a multiplex movie theater; 1,628 hotel rooms/suites (including up to 500 vacation ownership
units) and 278,817 square feet of hotel accessory uses; a transportation center; and 4,800 parking
spaces and 15 bus spaces. Said Amendment also changes the project reference from "Pointe
Anaheim Lifestyle Retail and Entertainment Complex" to "Anaheim GardenWalk project" and
the overlay reference from "Pointe Anaheim Overlay" to "Anaheim GardenWalk Overlay;" and
WHEREAS, the Anaheim City Planning Commission did hold a public hearing at
the Anaheim Civic Center, Council Chambers, 200 South Anaheim Boulevard, in the City of
Anaheim on March 6, 2006, at 2:30 p.m., notice of said public hearing having been duly given as
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required by law and in accordance with the provisions of Chapter 18.60 of the Anaheim
Municipal Code to hear and consider evidence for and against the Proposed Project Actions and
to investigate and make findings and recommendations in connection therewith; and
WHEREAS, the Anaheim City Planning Commission has reviewed the Proposed
Project Actions, and did find and determine, by its Resolution No. PC2006-21, that the City
Council, based upon its independent review and consideration of the Second Addendum to the
previously -approved Pointe Anaheim Initial Study and Mitigated Negative Declaration and
Mitigation Monitoring Program No. 004a prepared in connection with the Proposed Project
Actions, and the requirements of the California Environmental Quality Act ("CEQA"), including
Section 21166 of the California Public Resources Code and Section 15162 of the CEQA
Guidelines, and unless additional or contrary information is received during the public meeting,
find and determine that the Second Addendum to the previously -approved Pointe Anaheim
Initial Study and Mitigated Negative Declaration together with Mitigation Monitoring Program
No. 004a are adequate to serve as the required environmental documentation for the Proposed
Project Actions and satisfy all of the requirements of CEQA, and that no further environmental
documentation need be prepared for the Proposed Project Actions; and
WHEREAS said Planning Commission, by its Resolution No. PC 2006-23, made
certain findings and recommended that the City Council adopt Amendment No. 6 to The
Disneyland Resort Specific Plan No. 92-1, as revised at the Planning Commission meeting
("Amendment No. 6); and
WHEREAS, upon receipt of Resolution No. PC2006-23 and the Planning
Commission's request for review of its actions, summary of evidence, reports of findings and
recommendations of the City Planning Commission, the City Council did fix the 11th day of
April, 2006, as the time, and the City Council Chamber in the Civic Center as the place for a
public hearing on the Proposed Project Actions and did give notice thereof in the manner and as
provided by law; and
WHEREAS, on April 11, 2006, the City Council did hold a public hearing upon
the Proposed Project Actions, notice of which hearing was given in the manner required by law;
and
WHEREAS, the City Council did hold and conduct said noticed public hearing on
April 11, 2006 and did give all persons interested therein an opportunity to be heard and did
receive evidence and reports to consider the Proposed Project Actions; and
WHEREAS, pursuant to the provisions of CEQA, the City Council, as lead
agency for the Proposed Project Actions, by its motion, did find and determine, based upon its
independent review and consideration of the Second Addendum to the previously -approved
Pointe Anaheim Initial Study and Mitigated Negative Declaration and Mitigation Monitoring
Program No. 004a conducted pursuant to CEQA for the Proposed Project Actions, and the
requirements of CEQA, including Section 21166 of the California Public Resources Code and
Section 15162 of the CEQA Guidelines, and the evidence received at the public hearing, that the
Second Addendum to the previously -approved Pointe Anaheim Initial Study and Mitigated
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Negative Declaration together with Mitigation Monitoring Program No. 004a are adequate to
serve as the required environmental documentation for the Proposed Project Actions and satisfy
all of the requirements of CEQA, and that no further environmental documentation need be
prepared for the Proposed Project Actions; and
WHEREAS, the City Council desires to amend and add certain conditions of
approval to Ordinance No. 5377, as previously amended; and
WHEREAS, the City Council also desires to amend the Zoning and Development
Standards established by Ordinance No. 5378, as previously amended, contained within Chapter
18.114 of the Anaheim Municipal Code applicable to The Disneyland Resort Specific Plan No.
92-1; and
WHEREAS, development of the project site pursuant to the provisions of the
Pointe Anaheim Overlay (now referred to as the "Anaheim GardenWalk Overlay"), as amended,
remains an alternative to development of the project site pursuant to the provisions and density
currently permitted for the project site as established by the underlying District A and C-R
Overlay designations; and
WHEREAS, the City Council finds that the proposed amendments are consistent
with the findings and determinations made in Resolution No. 2006R- adopting Amendment
No. 6 to The Disneyland Resort Specific Plan No. 92-1.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES ORDAIN AS FOLLOWS:
1. That Ordinance No. 5377, as previously amended, be, and the same is hereby,
amended to revise the introductory section to the Conditions of Approval and the Conditions of
Approval as set forth in Exhibit `B" attached to this Ordinance, and Modified Mitigation
Monitoring Program No. 004a, which are hereby incorporated herein as though set forth in full.
2. That, except as expressly amended herein, Ordinance Nos. 5377 and 5378, as
previously amended, shall remain in full force and effect.
3. That Ordinance No. 5378, as previously amended, be, and the same is hereby,
amended to revise the Zoning and Development Standards in Chapter 18.114 of the Anaheim
Municipal Code as follows:
SECTION 1.
That subsection .010 of Section 18.114.010 of Chapter 18.114 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".010 Purpose. The regulations set forth in this chapter have been established to provide
for orderly development of, and upon adoption of an ordinance reclassifying said property to SP
92-1 (the "Zone"), shall be applicable to that certain property (hereinafter referred to as the
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"Specific Plan area") described in that Specific Plan No. 92-1 document (hereinafter referred to
as the "Specific Plan") marked "Exhibit A" and on file in the Office of the City Clerk approved
by the City Council on June 29, 1993; and as amended on April 12, 1994 (Ordinance No. 5420);
June 20, 1995 (Ordinance No. 5503); October 22, 1996 (Ordinance No. 5580); September 16,
1997 (Ordinance No. 5613); July 13, 1999 (Ordinance No. 5689); March 19, 2002 (Ordinance
No. 5807); and , 2006 (Ordinance No. ) or as the same may be hereinafter
amended in accordance with the Specific Plan Amendment procedures set forth in Chapter 18.72
(Specific Plans)."
SECTION 2.
That subsection .020 of Section 18.114.020 of Chapter 18.114 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".020 Disneyland Resort Design Plan. The site development standards set forth in
Sections 18.114.050 through 18.114.130 have been adopted to operate in conjunction with the
Design Plan for The Disneyland Resort Specific Plan identified in Section 5.0 of the Specific
Plan document (hereinafter referred to in this Chapter as the "Design Plan") approved by the City
Council on June 29, 1993, as amended on April 12, 1994 (Ordinance No. 5420); June 20, 1995
(Ordinance No. 5503); October 22, 1996 (Ordinance No. 5580); July 13, 1999 (Ordinance No.
5689); March 19, 2002 (Ordinance No. 5807); and , 2006 (Ordinance No. ) as
the same may be hereinafter amended in accordance with the Specific Plan amendment
procedures set forth in Chapter 18.72 (Specific Plans). Said Design Plan is incorporated herein
by this reference as if fully set forth in this chapter. All development otherwise permitted by this
chapter shall comply with any applicable provisions of the Design Plan."
SECTION 3.
That subsection .050 of Section 18.114.030 of Chapter 18.114 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".050 "G" Words, Terms and Phrases.
.0501 Gross Acreage. The total acreage of a parcel or lot measured from the
ultimate public right-of-way, except that when computing density, properties along the following
streets may include the following additional right-of-way widths in their gross acreage due to the
enhanced ultimate right-of-way widths required by adopted General Plan Amendment No. 331 to
implement The Anaheim Resort Public Realm Streetscape Program: Harbor Boulevard (twelve
(12) feet); Katella Avenue (twenty eight (28) feet); Disney Way -(eleven and one-half (11 1/2)
feet); Disneyland Drive, north of Ball Road (10 feet); and Disneyland Drive between Magic
Way and Katella Avenue (two and one-half (2 1/2) feet).
.0502 Gross Square Footage. The total square footage of a building or structure,
including the exterior walls of all floors."
SECTION 4.
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That subsection .110 of Section 18.114.030 of Chapter 18.114 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".110 "R" Words, Terms and Phrases.
.1101 Restaurant, Enclosed. Any establishment which is engaged primarily in
the business of preparing and serving meals, provided that the activity of preparing and serving
meals shall be conducted entirely within a building. The food preparation area for such a
restaurant shall be an area permanently designed for food preparation and may also serve other
such restaurants provided if the restaurant is freestanding the food preparation area shall
constitute not less than twenty-five ' percent of the gross floor area. Such establishments may
provide take-out service only as a limited, ancillary function.
.1102 Restaurant, Satellite. Any establishment which is engaged primarily in the
business of serving meals. The food preparation area for such a restaurant shall be an area
permanently designed for food preparation, but may be located in a separate building from where
the meals are served. Meals in such a restaurant may be served at tables or by self-service. Meals
may be consumed either within a building or outdoors in an area designated for such purpose.
.1103 Restaurant, Semi -enclosed. Any establishment which is engaged primarily
in the business of preparing and serving meals, provided that the activity of preparing and
serving meals shall be conducted mainly within a building. The food preparation area for such a
restaurant shall be an area permanently designed for food preparation and shall constitute not less
than twenty-five percent of the gross floor area. Such establishments may provide take-out
service only as a limited, ancillary function.
.1104 Restaurant, Walk-up. Any establishment which is engaged in the business
of preparing and purveying food on a self-service basis, where service to the consumer is by
means of a window or opening to the outside of the building and the food may be consumed
either inside or outside the building.
.1105 Retail Entertainment Center. Centers in which all goods and services are
primarily oriented, marketed and intended for tourist, visitor and/or recreational consumers and
not to the general public residing in the vicinity of such center."
SECTION 5.
That subsection .020 of Section 18.114.040 of Chapter 18.114 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".020 Final Site Plan Approval. Final Site Plans (as described in this section and
hereinafter collectively referred to as the "Final Site Plans") shall be processed in the following
ways:
.0201 Process for Approval.
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.01 Planning Commission Report and Recommendation Item. Final Site
Plans for the following types of plans shall be subject to the review and approval by the Planning
Commission at a public meeting as a Report and Recommendation Item:
(a) All development in the Hotel District with the exception of
development subject to the standards and requirements set forth in Section 18.114.100 (C-R
Overlay).
(b) Streetscape and landscape within the Theme Park District,
Parking District and Future Expansion District Setback Realms, as described in the Design Plan.
(c) Minor boundary and acreage variations not exceeding ten
percent (10%) of the larger parcel.
(d) Final layout for the parking facility in the East Parking Area.
(e) Final detailed layout of the Anaheim GardenWalk Overlay,
Area A, as identified on Exhibit 5.8.311 designed in accordance with Conditional Use Permit
No. 4078, as amended. One or more Final Site Plans may be processed for Area A provided that
the retail concourse and parking facility shall be processed as one Final Site Plan and the hotels
may be processed as separate Final Site Plans.
If the Final Site Plan is found to be in substantial conformance with the Specific Plan and the
provisions of this Chapter, the Planning Commission shall approve the Final Site Plan. The
Planning Commission's decision shall be final unless appealed to the City Council within ten
(10) days from the date of such decision. Plans submitted for issuance of building permits shall
be in substantial conformance with the approved Final Site Plan.
02 Planning Commission Public Hearing Item.
(a) Final Site Plans for all development within the Future
Expansion District, with the exception of Parking Facilities shown on Exhibit 5.8.3e (Future
Expansion District Concept Plan) of the Specific Plan document, shall be subject to the review
and approval by the Planning Commission at a noticed public hearing.
(b) Notice of such hearing shall be given at the same time and in
the same manner as specified for hearings for Conditional Use Permits in the Anaheim
Municipal Code. Final Site Plans processed under this subsection shall be subject to
environmental review. The Planning Commission shall review the Final Site Plan to determine if
it is in substantial conformance with the Specific Plan and the provisions of this chapter. The
Planning Commission may approve, disapprove or approve with conditions the Final Site Plan.
The Planning Commission's decision shall be final unless appealed to the City Council within ten
(10) days from the date of such decision. Before approving a Final Site Plan under the
provisions of this subsection, the Planning Commission shall make the following findings of
fact:
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(i) That the proposed development will not adversely
affect the adjoining land uses and the growth and development of the area in which it is proposed
to be located;
(ii) That the size and shape of the site is adequate to allow
for the full proposed development in a manner not detrimental to the particular area nor the
peace, health, safety and general welfare;
(iii) That the approval of the Final Site Plan under the
conditions imposed, if any, will not be detrimental to the health, safety and general welfare of the
citizens of the City of Anaheim.
(c) Notwithstanding the provisions and limitations of the
foregoing subsections (i), (ii) and (iii), the Planning Commission or City Council may approve
any Final Site Plan if the Planning Commission or City Council fords and determines, either in
its approval of the Final Site Plan or any other finding pertaining to the proposed development
(including environmental documentation), that (a) the concerns addressed by subsections (i), (ii)
and (iii) above are mitigated to a level of insignificance or (b) overriding considerations warrant
the approval of the Final Site Plan in the event that either one or more of the findings of fact
required by subsections (i), (ii) and (iii) above is not made or insufficient evidence is set forth in
the record to support one or more of the findings of fact.
.03 Exemptions - Theme Park, Hotel, Parking and Future Expansion
Districts and Anaheim GardenWalk Overlay. Development within the Theme Park District
intended for theme park and theme park back -of -house support uses, hotels within the theme
park, retail entertainment centers in the Theme Park and/or Hotel District(s), parking facilities in
the Parking District and parking facilities within the Future Expansion District as shown on
Exhibit 5.8.3e (Future Expansion District Concept Plan) of the Specific Plan document, and
permitted signage in the Anaheim GardenWalk Overlay for the Anaheim GardenWalk project
shall be exempt from the requirements of the Final Site Plan review. Building plans for these
areas shall be submitted to the Building Division of the Planning Department and shall be
reviewed for conformance with all applicable provisions of the Specific Plan prior to issuance of
building permits. Anaheim GardenWalk project signage shall be reviewed by the Planning
Department for conformance with The Disneyland Resort Specific Plan Anaheim GardenWalk
Overlay requirements prior to issuance of sign permits.
.04 District A and C-R Overlay. Final Site Plans for development within
District A and the C-R Overlay shall be processed in the following manner:
(a) Proposed development in the C-R Overlay in conformance
with the requirements of the District shall be processed according to the requirements of that
District.
(b) Proposed development in conformance with the requirements
of District A or the C-R Overlay shall be processed in the following manner:
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(i) Implementation. The Specific Plan shall be
implemented through the processing and approval of Final Site Plans prior to the issuance of
building permits, except as expressly provided in subparagraph 18.114.040.020.0201.04(b)(ii)d
(Final Site Plan Exemptions). For uses requiring a conditional use permit or variance to waive
code requirements, the Final Site Plan shall be submitted and reviewed for consistency with the
Specific Plan in conjunction with the processing of the conditional use permit or variance.
(ii) Final Site Plan Review and Approval.
a. Review and Approval. Final Site Plans,
including but not limited to Site Plans, Floor Plans, Elevations, Landscape Plans and such other
plans and information as required by the Planning Director, shall be prepared and submitted to
the Planning Department for review and approval by the City of Anaheim Planning Commission
as a Report and Recommendation Item. If the Final Site Plan is found to be in conformance with
the Specific Plan, the Design Plan and the provisions of this Chapter, the Final Site Plan shall be
approved. The Planning Commission's decision shall be final unless appealed to the City
Council within ten (10) days from the date of such decision. Plans submitted for issuance of
building, landscape or signage permits shall be in conformance with the approved Final Site
Plan.
b. Appeal Process. The appeal shall be processed
in the same manner as appeals for decisions on reclassifications, conditional use permits or
variances as set forth in Sections 18.60.130 through 18.60.150 except that the appeal period shall
be a maximum of ten (10) days.
c. Environmental Review. Notwithstanding any
other provision of this Chapter, Final Site Plan review by the Planning Department under
subparagraph 18.114.040.020.0201.05(a) (Review and Approval) shall include a ministerial
determination whether the proposed building, structure or use has been environmentally cleared
by the Environmental. Impact Report for The Disneyland Resort Specific Plan (EIR No. 311) or
other final environmental documentation. If not, then the proposed activity shall be subject to
the preparation of an Initial Study and potential further environmental review and mitigation
pursuant to the California Environmental Quality Act requirements.
d. Final Site Plan Exemptions. Projects or
improvements that are exempt from the Final Site Plan process shall be submitted to the
Planning Department for review and approval for consistency with all applicable provisions of
the Specific Plan prior to issuance of building, landscape or signage permits. The following
projects or improvements are exempt from.the Final Site Plan review and approval process as set
forth in subparagraph 18.114.040.020.0201.04(b)(ii)a (Review and Approval):
a) Interior building alterations,
modifications or improvements which do not result in an increase in the gross square footage of
the building.
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b) Minor building additions or
improvements interior to or at the rear of a building or development complex which are not
visible from the public right-of-way; do not exceed five percent (5%) of the building's gross
square footage or one thousand (1,000) square feet, whichever is lesser; are in substantial
conformance with the building envelope; and, are in conformance with the Design Plan and the
Zoning and Development Standards set forth in this Chapter.
c) Exterior fagade improvements which do
not add to the gross square footage of a building or development complex; are in substantial
conformance with the building envelope; and, are in conformance with the Design Plan and the
Zoning and Development Standards set forth in this Chapter. Such improvements may include,
but are not limited to, the installation of window awnings and/or canopies, replacement of
existing doors and windows, and modification, repair or resurfacing of exterior walls and roof
areas.
d) Signage, including Anaheim Resort
freestanding monument signs, wall signs, and on-site directional/informational signs, except as
provided for in subparagraph 18.114.130.060.0602 (Conditionally Permitted Signs) and which
signs are in conformance with the Design Plan and the Zoning and Development Standards set
forth in this Chapter.
e) Landscape/hardscape improvements or
modifications which are not in connection with building modifications.
.05 Final detailed layout of the Anaheim GardenWalk Overlay, Area B, as
identified on Exhibit 5.8.311. One Final Site Plan encompassing the entirety of Area B shall be
processed in the following manner:
a) Review and Approval. Final Site Plans, including but not
limited to Site Plans, Floor Plans, Elevations, Landscape Plans and such other plans and
information as required by the Planning Director, shall be prepared and submitted to the
Planning Department for review and approval by the City of Anaheim Planning Commission as a
public hearing item. If the Final Site Plan is found to be in conformance with the Specific Plan,
the Design Plan, Conditional Use Permit No. 4078, as amended, and the provisions of this
Chapter, the Final Site Plan shall be approved. The Planning Commission's decision shall be
final unless appealed to the City Council within ten (10) days from the date of such decision.
Plans submitted for issuance of building, landscape or signage permits shall be in conformance
with the approved Final Site Plan.
b) Appeal Process. The appeal shall be processed in the same
manner as appeals for decisions or reclassifications, conditional use permits or variances as set
forth in Sections 18.60.130 through 18.60.150 except that the appeal period shall be a maximum
of ten (10) days.
c) Environmental Review. Notwithstanding any other provision
of this Chapter, Final Site Plan review by the Planning Department under subparagraph
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18.114.040.020.0201.05(a) (Review and Approval) shall include a ministerial determination
whether the proposed building, structure, or use has been environmentally cleared by the Second
Addendum to the Pointe Anaheim Initial Study and Mitigated Negative Declaration/Mitigation
Monitoring Program No. 004a. If not, then the proposed activity shall be subject to the
preparation of an Initial Study and potential further environmental review and mitigation
pursuant to the California Environmental Quality Act requirements.
.0202 Content of the Final Site Plan Submittal. Final Site Plans shall contain the
information set forth in the Final Site Plan Review Application as adopted by Resolution of the
City of Anaheim Planning Commission and on file with the Planning Department.
.0203 Phased Submittals. Final Site Plans may be submitted for phases or
portions of phases as shown and described in Exhibit 3.4a (Phasing Plan) of the Specific Plan
document."
SECTION 6.
That the introduction, only, of Section 18.114.050 of Chapter 18.114 of Title 18
of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
"Set forth below are the standards for the development of The Disneyland Resort Specific
Plan Districts excepting that subsections 18.114.050.010 (General) through 18.114.050.050
(Prohibited Uses) shall not apply to projects in District A or developed under the C-R and
Anaheim GardenWalk Overlay requirements. Subsection 18.114.050.0705 (Lot Ties) shall not
apply to projects in District A or developed under the C-R Overlay requirements. The C-R
Overlay standards for those uses are set forth in Section 18.114.100 (C-R Overlay). The District
A standards for those uses are set forth in Section 18.114.095 (District A). The Anaheim
GardenWalk Overlay standards for those uses are set forth in Section 18.114.105 (Anaheim
GardenWalk Overlay). The Districts and corresponding Development Areas herein are those
identified on the Development Plan Map (Exhibit 3.3b (Development Plan) of the Specific Plan
document"
SECTION 7.
That subsection .030 of Section 18.114.050 of Chapter 18.114 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".030 Permitted Temporary Uses and Structures. The following temporary buildings,
structures and uses shall be permitted subject to the conditions and limitations specified herein:
.0301 Contractor's Office and/or Storage. Temporary structures including the
housing of tools and equipment or containing supervisory offices in connection with construction
projects. Such structures may be established and maintained during the progress of construction
on projects in accordance with the phasing plan of the Specific Plan. The location and duration
of such use shall be subject to the approval of the Planning Director.
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.0302 Open Air Festival. An event (public gathering, speech, concert,
presentation, or show) oriented towards tourists and visitors to The Disneyland Resort and held
outside in a theme park or hotel complex out of view of the public right-of-way and not directed
to the public right-of-way.
.0303 Special Events and Temporary Signs, Flags, Banners and Balloons. The
temporary use of premises for special events as defined in Chapter 18.92 (Definitions), not
including Open Air Festivals or events within the theme parks, shall be subject to compliance
with the provisions of Section 18.38.240 (Special Events) and Section 18.44.170 (Temporary
Signs - Special Event Permit), provided that the following additional limitations shall apply in
District A, the C-R Overlay and the Anaheim GardenWalk Overlay:
.01 Outdoor events or uses held within the confines of the Anaheim
GardenWalk Overlay shall be subject to the provisions of Section 18.114.105.020.0203.02 of
this Chapter and Anaheim GardenWalk banners shall be subject to the provisions of Section
18.114.130.020.0201.02(g) of this Chapter.
.02 In District A and the C-R Overlay, one (1) banner may be displayed
upon the premises provided the banner is used in association with an on-site convention, a grand
opening, the temporary identification of a new business, or any other event that is determined by
the Planning Director to be in conformance with the goals and policies of the Specific Plan. The
message on the banner shall be limited to the name and/or logo of the business or the event. The
banner shall be securely attached to the building wall on which it is displayed.
.03 The following uses or activities are specifically prohibited:
(a) Any outdoor display and/or sales of merchandise or
promotional materials in a location that is visible from a public right-of-way and/or adjacent
property;
(b) Inflatable advertising displays;
(c) Outdoor advertising of merchandise, products and/or services,
including, but not limited to, merchandise promotions, sales, pricing, etc.;
(d) Roof -mounted displays of flags, banners, balloons, inflatable
devices, or similar promotional displays;
(e) Display of pennants or pennant -type banners in a location that
is visible from a public right-of-way and/or adjacent property;
a fence; and
(g) Flags, banners or balloons displayed in a landscape area or on
(h) Worn, frayed or faded flags or balloons shall not be permitted.
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.0304 Temporary Parking Lots. Temporary parking lots are subject to the review and approval
of the City Traffic and Transportation Manager in accordance with subsection 18.114.110.070
(Temporary Parking). For the purposes of this chapter, "temporary parking lots" shall be defined
as an area intended for the temporary parking of automobiles and other vehicles and not intended
to be the ultimate use of the property"
SECTION 8.
That subsection .090 of Section 18.114.050 of Chapter 18.114 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".090 Permitted Encroachments into Required Yard and Setback Areas. Buildings shall
comply with the provisions provided herein.
.0901 Appurtenant Structures. The following structures appurtenant to other
structures shall be permitted to encroach into required setbacks as shown in Cross Sections la, lb,
12, 15, 16 and 17 contained in Section 5.0 (Design Plan) of the Specific Plan:
.01 Access ramps for automobiles to enter and exit parking facilities.
.02 Access ramps and stairways for pedestrians to enter and exit parking
facilities, hotels, motels and other permitted structures.
.0902 Mass Transit Related Structures. Structures related to the operation of the
people mover/moving sidewalk and monorail systems, including stations, pedestrian access
ramps and stairways, and elevated tracks on which the vehicles operate shall be permitted to
encroach into required setbacks.
.0903 Vehicle Sight Distance to be Maintained. No landscape materials or other
elements exceeding twenty-four (24) inches in height, except as approved by the Transportation
and Traffic Manager, shall be permitted within the "Arterial Highway and Commercial Driveway
Approach" area as defined by the applicable Engineering Standard Details on file in the office of
the Director of Public Works. All living landscaping must be maintained, pruned or trimmed in
a manner which complies with the requirement contained in this chapter.
.0904 Parking in Required Setbacks Prohibited. Parking of privately owned and
operated automobiles is not permitted within the required setbacks except in the Theme Park
District on Harbor Boulevard in the bus and shuttle drop-off area as described in Exhibit 4.4.2a.
"Conceptual Diagram for Theme Park Drop-off Area," of the Specific Plan document and in the
existing parking facilities in the Hotel District and in the Theme Park District as described in
Exhibit 3, "Existing Structures to Remain," of the Specific Plan document. Surface parking
between the front building line and the required front yard setback is permitted except on Harbor
Boulevard and Katella Avenue.
.0905 Parking in Interior Lot Setbacks. Where an interior lot property line abuts
a multiple -family residential zone, the required setback area adjacent to such interior lot property
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line may be used as part of an automobile parking area provided that trees are planted and
permanently maintained in compliance with the Design Plan adjacent to the residential zone
property line on maximum fifteen (15) foot centers; and further provided that such parking area
does not encroach within the required twenty (20) foot landscape setback area as specified in
subsection 18.114.050.1002 (Screening Abutting Residential Property).
.0906 Decorative Elements Permitted. Fountains, planters and sculptures (not to
exceed thirty-six (36) inches in height), and decorative paving, walkways and ponds shall be
permitted within the required setback, provided they are an integral part of the landscaping plans
approved with the Final Site Plan as described in subsection 18.114.040.020 (Final Site Plan
Approval) and in compliance with the vehicular sight distance requirements as described in
paragraph 18.114.050.090.0903 (Vehicle Sight Distance to be Maintained).
.0907 Utility Elements and Associated Decorative Screen -Type Fences or Walls.
Utility elements, devices or facilities and associated decorative, screen -type fences or walls, shall
be permitted to encroach into the required interior setback areas, provided such encroachments
shall not exceed thirty-six (36) inches in height and such associated walls or fences do not
prohibit access to utility devices or facilities. Encroachments into the required setback area
adjacent to a public street for necessary utilities and associated screening may be approved by
the Planning Director subject to the provisions of subsection 18.114.050.090.0911 (Utility
Elements and Screening Walls/Fences).
.0908 Signs Permitted. Signs shall be permitted as provided in Section
18.114.130 (Sign Regulations) except as otherwise restricted by subsection 18.114.130.060
(Business and Identification Signs), Exhibit 7.Oa (General Sign Standards Matrix) and Exhibit
7.Ob (Hotel/Motel Sign Standards Matrix) found in subsection 18.114.130.060.0604 (Sign
Standard Matrices) and subsection 18.114.130.070 (Automotive Service Station Signs).
.0909 Flagpoles Permitted. A maximum of one (1) flagpole for the display of a
maximum of three (3) flags shall be permitted within the required front yard setback provided
said flagpole does not exceed fifty (50) feet in height and is set back a minimum of ten (10) feet
from the front property Be, and further provided each flag displayed thereon has a size
dimension not to exceed five (5) feet by nine (9) feet.
.0910 Driveways and Walkways Permitted. Entrance and exit driveways and
walkways into building or parking areas, including driveways and walkways that provide
reciprocal access between adjacent properties, shall be permitted subject to the approval of the
City's Trac and Transportation Manager.
.0911 Utility Elements and Screening Walls/Fences. The Planning Director,
without public notice or hearing required, may approve encroachments into required setback
areas adjacent to a public street for utility elements, devices or facilities and screening
walls/fences associated with utility elements provided that (i) physical constraints on the subject
property or the location of existing utility elements preclude strict adherence to the setback
requirements; (ii) said encroachments do not prevent the setback area from being landscaped in
accordance with the Design Plan; (iii) the screening wall/fence height does not exceed the
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maximum wall/fence height allowed by this Chapter; (iv) any screening is in accordance with
subsection 18.114.050.090.0903 (Vehicle Sight Distance to be Maintained); and (v) any utilities
are fully screened by landscape and/or walls/fences which are planted with clinging vines or fast-
growing shrubs so that the utilities are not visible from the public right-of-way or adjacent
properties. The decision of the Planning Director shall be in writing and shall be final and
effective ten (10) days following the date thereof unless an appeal to the Planning Commission is
filed within that time by any interested person or review is requested by two or more members of
the City Council. Notwithstanding the foregoing, the Planning Director may refer consideration
of said encroachments to the Planning Commission for review and approval at a public meeting,
without public notice or a public hearing, as a Report and Recommendation Item. The Planning
Commission's decision shall be final and effective ten (10) days from the date of the Planning
Commission's announced decision unless an appeal to the City Council is filed within that time
by any interested person or review is requested by two or more members of the City Council.
Appeals shall be processed as set forth in Sections 18.60.130 through 18.60.150, except as
expressly set forth in this paragraph .0911"
SECTION 9.
That subsection .100 of Section 18.114.050 of Chapter 18.114 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".100 Required Site Screening.
.1001 Landscape Buffer. Except as otherwise provided herein, a landscape
buffer shall be provided along and immediately adjacent to the site property line abutting any
freeway or residential zone boundary as set forth in Section 18.114.090.050 (Structural Setback
and Yard Requirements). The buffer shall be landscaped, irrigated and maintained in
compliance with the Design Plan.
.1002 Screening Abutting Residential Property. Where the property abuts a
residential zone, this buffer shall consist of a minimum eight (8) foot high masonry wall, located
at the property line, except in the Future Expansion District where it can be twelve (12) feet high,
and an adjacent twenty (20) foot wide permanently planted, irrigated and maintained landscaped
area. Said wall shall be landscaped with clinging vines whereby growth occurs on both sides if
visible from public right-of-way. The height of any such wall and/or berm shall be measured
from the highest finished grade level of the subject or adjacent properties, whichever is the
higher.
.1003 Screening Abutting Freeway. Where the property abuts a freeway, except
as provided for in subsection 18.114.060.050 (Setbacks - Lots Abutting Public Rights -of -Way), a
ten (10) foot wide landscape buffer (but no wall) shall be required. Said buffer shall be
permanently planted, irrigated and maintained. When a wall is provided at the property line, the
wall shall be designed or situated so as not to obstruct the view of the landscaping from the
freeway. Such walls shall be decorative and landscaped in compliance with the design plan.
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.1004 Screening of Automotive Related Uses. All automotive related uses,
including service station auto working bays, truck loading docks, service entrances, rental car
storage areas, storage of transit vehicles, and similar uses shall be screened so as not to be visible
from adjacent public streets or adjacent properties.
.1005 Screening of Surface Parking Areas. Where surface parking is visible from
an adjacent public street, such parking areas shall be screened with landscaping. Said
landscaping area shall consist of. (a) shrubs or bushes which can attain a minimum height of
thirty-six (36) inches within five (5) years of installation; (b) landscaped berms with a minimum
height of thirty-six (36) inches (including the mature height of landscape planted thereon); or (c)
decorative walls or fences upon which are planted clinging vines, and shall be landscaped,
irrigated and maintained in compliance with the Design Plan and the applicable Engineering
Standard Details on file in the office of the Director of Public Works pertaining to commercial
driveway approaches.
.1006 Retaining Wall Treatment. In instances where a retaining wall is required
between adjoining properties, and where other walls are required on one or more of the adjoining
properties, said walls shall be offset a minimum of two (2) feet between the retaining wall and
the other required wall or walls; and said walls shall be decorative and landscaped with clinging
vines in compliance with the Design Plan. The two (2) foot offset area between the retaining
wall and the other required wall or walls shall be landscaped, irrigated and maintained in
compliance with the Design Plan. Where a slope exists, any required wall shall be erected at the
property line with the slope itself, permanently planted, irrigated, and maintained.
.1007 Utility Equipment. Utility equipment and communication devices shall be
screened from public view so that such devices are not visible when the site is viewed at any
point measured six (6) feet above grade from other public or private property. These devices
may include, but are not limited to: dish -type and other antennae, cross -connection devices,
stand pipes, back flow assemblies, cable TV equipment, gas meters, ventilating fans, microwave
and cellular transmitters, and electrical transformers.
.1008 Roof Mounted Equipment. Roof mounted equipment shall be painted the
same color as the roof, shall be screened from view of adjacent public rights-of-way and from
adjacent properties at any point measured six (6) feet above grade and shall be considered as part
of the total building height except as provided for in Section 18.114.080 (Land Use and Site
Development Standards - Parking District (Development Areas 3a and 3b)).
.1009 Refuse Container and/or Trash Compactor Enclosures. Refuse container
enclosures are required and shall be screened from public view and shall be designed,
constructed, and maintained in compliance with the Design Plan and in compliance with the
Maintenance standard entitled "Refuse Container Enclosure for Multiple -Family Residential,
Commercial and Industrial Use" on file in the Building Division of the Planning Department.
Refuse container and/or trash compactor enclosures shall be constructed with a roof.
.1010 Vacant Land. Vacant land shall be screened from view from the public
right-of-way by one of the following screening methods set forth in the following sub -paragraphs
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.01 or .02 or the vacant land shall be planted with temporary landscaping or groundcover
complete with temporary irrigation and maintained until such time as a valid grading or building
permit has been issued for construction on the site and such work commences. Weed abatement
shall be enforced at all times. Any temporary landscaping that is removed shall be replaced by
permanent landscaping upon completion of construction for the portion of the site - where
construction has not occurred. This requirement shall be in addition to the landscaping
requirements for the site as otherwise required by this chapter. Agricultural use for the purpose
of growing field crops, trees, vegetables, fruits, berries or nursery stock is not subject to the
screening requirements contained herein.
.01 Land which is vacant for under one (1) year shall be screened with a
six (6) foot high chainlink fence adjacent to all public rights-of-way and adjacent properties with
green scrim securely attached to the street side and adjacent property side of the chainlink fence.
.02 Land which is vacant for over one (1) year may be screened by a
chainlink fence and green scrim as required in .01 above; however, the fence shall be relocated
so that a minimum three (3) foot high and minimum ten (10) foot wide berm, or a minimum
three (3) foot high hedge screen located in a minimum three (3) foot wide landscape area shall be
planted adjacent to the public right-of-way in front of the chainlink fence with scrim. Landscape
on said berm or hedge screen shall be maintained in a healthy condition as described in
subsection 18.114.050.110 (Landscaping), and shall conform to the Design Plan.
.1011 Walls and Fences. Walls and fences containing solid surfaces accessible to
the public, with the exception of walls that are part of an entry monument design, shall be
landscaped with either clinging vines or fast-growing shrubbery which will screen the wall or
fence surface within a period of two (2) years of installation so as to eliminate graffiti
opportunities. The maximum permitted wall or fence height shall not exceed sixteen (16) feet
provided that heights in excess of twelve (12) feet for walls other than sound attenuation walls
required by a Noise Study, shall be subject to the approval of a Conditional Use Permit in
accordance with subsection 18.114.050.040 (Conditional Uses and Structures). Sound
attenuation walls shall be screened from public view with landscaping, including vines and
shrubs. Refer to Exhibit 5.8.3f, "Wall/Fencing Plan," of the Specific Plan document for locations
of the permitted twelve (12) to sixteen (16) foot high sound attenuation walls. In the Theme Park
District, chain link fences and trellises on walls for landscape screening purposes, are permitted
to a maximum height of sixteen (16) feet. Walls and fences constructed in District A and under
the provisions of the C-R Overlay or Anaheim GardenWalk Overlay shall not exceed eight (8)
feet in height. In District A, the C-R Overlay and the Anaheim GardenWalk Overlay, the use of
chainlink fencing (with the exception of temporary chainlink fences used to screen vacant land as
set forth in subsection 18.114.050.100.1010 (Vacant Land), barbed wire and/or razor wire is
prohibited.
.01 Exceptions. Unless specified otherwise in this chapter, within any
required street landscape setback area, walls and/or fences shall be permitted at a maximum
height of thirty-six (36) inches with the exception of walls/and or fences used as barriers to
create enclosure for outdoor dining areas, which shall be permitted to a maximum height of
forty-two (42) inches. All walls and/or fences within the vehicular line -of -sight area as
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described in paragraph 18.114.050.090.0903 (Vehicle Sight Distance to be Maintained) shall be
a maximum height of twenty-four (24) inches. Such walls and/or fences shall be decorative and
designed to complement the landscape setback area and planted and maintained with clinging
vines."
SECTION 10.
That subsection .100 of Section 18.114.095 of Chapter 18.114 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".090 Setbacks from Abutting Public Rights -of -Way. The following minimum setback
requirements shall apply to permanent buildings and structures constructed within this District.
Such setbacks shall be measured from the ultimate planned public right-of-way as designated on
the Circulation Element of the General Plan and as further described in Sections 4.0 (Public
Facilities Plan)," and 5.0 (Design Plan) of the Specific Plan document. All setbacks shall be fully
landscaped, irrigated and maintained in a manner in compliance with the Design Plan and in
accordance with Section 18.116.100 (Central Core).
.0901 Harbor Boulevard. Twenty-six (26) feet, minimum, with landscaping
consistent with Design Plan Cross Section Number 17a.
.0902 Disney Way (formerly, Freedman Way). Twenty (20) feet minimum, with
landscaping consistent with Design Plan Cross Section Number 17b (Disney Way: Setback
Adjacent to District A)"
SECTION 11.
That the Title, only, of Section 18.114.105 of Chapter 18.114 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
"18.114.105 ANAHEIM GARDENWALK OVERLAY."
SECTION 12.
That subsection .010 of Section 18.114.105 of Chapter 18.114 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".010 Purpose. The Anaheim GardenWalk Overlay has been established to provide for
the development of the Anaheim GardenWalk project pursuant to the uses set forth in subsection
18.114.105.020 (Conditional Uses) and subject to the density limitations set forth in subsection
18.114.105.030 (Anaheim GardenWalk Density), if the properties are not developed in
accordance with The Disneyland Resort Specific Plan Parking District (East Parking Area)
requirements or the District A or C-R Overlay requirements."
SECTION 13.
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That subsection .020 of Section 18.114.105 of Chapter 18.114 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".020 Conditional Use and Structures.
.0201 The following buildings, structures and uses set forth in paragraphs .0202
and .0203 shall be permitted as part of the Anaheim GardenWalk project provided that:
.01 Conditional Use Permit No. 4078, as amended, is approved pursuant
to, and subject to, the conditions and required showings of Chapter 18.66 (Conditional Use
Permits);
.02 All uses and structures set forth in subsection 18.116.070.030
(Permitted Accessory Uses and Structures) and in subsection 18.116.070.040 (Permitted
Temporary Uses and Structures) shall be permitted in the Anaheim GardenWalk Overlay;
.03 With the exception of paragraph 18.116.070.060.0619 (Prohibited
Signs) all uses set forth in subsection 18.116.070.060 (Prohibited Uses) shall be prohibited in the
Anaheim GardenWalk Overlay;
.04 All development is subject to the limitations described in Section
18.114.050 (Land Use and Site Development Standards - General); and,
.05 The Anaheim GardenWalk project shall be designed in accordance
with the Conceptual Site Plans and Sign Plans shown in Exhibits 5.8.311, 5.8.3.f.2, 5.8.313,
5.8.314, 5.8.315, 5.8.316, 5.8.317 and 5.8.318 of the Specific Plan document.
.0202 Hotels, including suite -type hotels, vacation ownership resort units and
condominium hotels, as described in subsection 18.114.105.030 (Anaheim GardenWalk
Density). For the purpose of the Anaheim GardenWalk Overlay, condominium hotels are hotels
which are facilities meeting the definition of a hotel with ownership structured as a condominium
(non-residential), cooperative or other ownership/financing arrangement found by the Planning
Director to be similar in function and/or operation, but shall not include timeshares in or interval
fractional ownership of a hotel; and, shall be deed restricted to limit owner occupancy to a
maximum of two (2) weeks per year.
.0203 All conditional uses and structures listed in subsection 18.116.070.040
(Conditional Uses and Structures) which implements the list of uses described in subsection
18.114.105.030 (Anaheim GardenWalk Density) as further described below:
.01 Specialty Retail/Entertainment Center with integrated management
and a festive theme orientation and plaza/pedestrian-oriented amenities with the following types
of uses:
(a) Banking facilities.
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(b) Children's, men's, and women's apparel, shoes, jewelry and
accessories.
(c) Entertainment facilities (amusement arcades, skating rinks,
outdoor recreational playground areas).
(d) Shopping services.
(e) Specialty merchandise, gifts and toys.
(f) Transportation/travel services including an automobile rental
agency office (with no on-site vehicular storage).
broadcast facilities at the site.
(g) Radio and television studio to enable live and/or taped
(h) Baby-sitting services.
(i) Fast-food/food court -type and walkup/ specialty restaurants.
0) Enclosed and semi -enclosed full-service and theme -type
restaurants/nightclubs with or without on-site sale and consumption of beer, wine, and alcoholic
beverages and associated entertainment uses (billiards, dancing, live and recorded
performances).
(k) Art galleries/museums.
.02 Outdoor events/uses held within the confines of Anaheim
GardenWalk, out of view of the public right-of-way and not directed towards the public right-of-
way including open-air festival events oriented towards tourists and guests for public gatherings,
speeches, concerts, presentations, or shows; outdoor booths, kiosks and stands; and, outdoor
special lighting effects.
.03 Theaters, including dinner, legitimate or motion picture theaters,
performance theaters or night clubs, and indoor amphitheaters.
taxis.
.04 Parking/transportation facilities for automobiles, buses, shuttles, and
.05 Murals.
06 Onsite directional signs.
.07 Icon/themed signage elements set forth in subparagraph
18.114.130.060.0602.05."
SECTION 14.
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That subsection .030 of Section 18.114.105 of Chapter 18.114 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".030 Anaheim GardenWalk Density. The Anaheim GardenWalk Overlay encompasses
two areas (Areas A and B) as identified on Exhibit No. 5.8.3.f.1. The maximum density for the
Anaheim GardenWalk Overlay shall be as follows: 569,750 square feet of specialty retail,
restaurants, and entertainment uses, including movie theaters; 1,628 hotel rooms (including up to
500 vacation ownership units) and 278,817 square feet of hotel accessory uses; a transportation
center, and 4,800 parking spaces. The Anaheim GardenWalk Overlay density is set forth in
more detail in Exhibit 3.3.6b of the Specific Plan document (Program Summary for Anaheim
GardenWalk Overlay)."
SECTION 15.
That subsection .050 of Section 18.114.105 of Chapter 18.114 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".050 Interior Structural Setback and Yard Requirements from Adjacent Interior Lots. A
ten -foot minimum setback adjacent to interior lot lines abutting the Anaheim Resort Specific
Plan No. 92-1 Zone boundary and adjacent to Anaheim GardenWalk Overlay, Area B is required
for structures developed under the provisions of Section 18.114.105 (Anaheim GardenWalk
Overlay)."
SECTION 16.
That subsection .070 of Section 18.114.105 of Chapter 18.114 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".070 Minimum Lot Width. Lots shall comply with the minimum lot width provisions of
paragraph .0704 of subsection .070 (Structural Height and Lot Width Requirements) of Section
18.114.050 (Land Use and Site Development Standards - General). Notwithstanding the
foregoing, lots in the Anaheim GardenWalk Overlay shall have a minimum cumulative frontage
of one hundred seventy five (175) linear feet, provided that an unsubordinated covenant
satisfactory to the Planning Department and the City Attorney's Office is recorded with the
Orange County Recorder requiring development of the lots in compliance with Conditional Use
Permit No. 4078, as amended, as part of the Lifestyle Retail and Entertainment Complex
approved therein."
SECTION 17.
That subsection .090 of Section 18.114.105 of Chapter 18.114 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".090 Driveway Spacing. All driveway spacing shall comply with paragraph .1202 of
subsection .120 (Parking Space and Access Design) of Section 18.114.110 (Off -Street Parking
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and Loading Requirements), provided that a minimum distance between driveways of twenty
five (25) feet may be permitted on Disney Way if one of the driveways is limited to emergency
access only, subject to the approval of the City Traffic and Transportation Manager.
SECTION 18.
That subsection .100 of Section 18.114.105 of Chapter 18.114 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".100 Permitted Encroachments into Required Yard and Setback Areas. The required
landscape setback area adjacent to the Disney Way and Clementine Street ultimate public right-
of-ways may be paved provided:
.1001 The paved area will serve pedestrian- related activities (restaurant outdoor
dining, and limited pedestrian walkways from the public right-of-way to the Anaheim
GardenWalk complex as approved by the Planning Director and the City Engineer).
.1002 Clementine Street. A minimum seven (7) foot wide area of the required
setback area between any restaurant outdoor dining area and the public right-of-way shall
contain live landscape materials.
.1003 Disney Way. A minimum five (5) foot wide area of the required setback
area between any restaurant outdoor dining area and the public right-of-way shall contain live
landscape materials. Further, that any outdoor dining areas located within the setback area may
be a maximum of three (3) foot above or below grade of the adjacent public right-of-way and
that no retaining walls or other structures located in the setback area shall exceed three feet in
height unless otherwise required by the Anaheim Building Code."
SECTION 19.
That Section 18.114.106 of Chapter 18.114 of Title 18 of the Anaheim Municipal
Code be, and the same is hereby, amended to read as follows:
"18.114.106 CENTRAL CORE PROVISIONS FOR THE ANAHEIM GARDENWALK
OVERLAY.
.010 Purpose. The purpose of the Central Core is to create a consistent, high quality
pedestrian environment . that reinforces the character established by the landscape and other
streetscape elements identified in The Anaheim Resort Identity Program. The Central Core
boundaries encompass lots or parcels with frontage on Harbor Boulevard and Katella Avenue.
Subsections .020 and .040 below apply to the minimum required setback areas adjacent to the
ultimate public right-of-way. Subsection .030 below applies to the area between the ultimate
public right-of-way and the actual (constructed) building setback.
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.020 Setbacks Adjacent to Harbor Boulevard and Katella Avenue. The required
landscape setback area adjacent to the Harbor Boulevard and Katella Avenue ultimate public
right-of-ways may be paved provided:
.0201 The paved area will serve pedestrian- related activities (restaurant outdoor
dining, and limited pedestrian walkways from the public right-of-way to the Anaheim
GardenWalk complex as approved by the Planning Director and the City Engineer);
.0202 Landscape shall be designed and installed in conformance with the tree
density requirements identified in the Design Plan and depicted in Exhibit 5.6.6.3a entitled,
"Tree Density Factor Plan";
.0203 Harbor Boulevard. A minimum of fifty percent (509/6) of the required
setback area immediately adjacent to the restaurant outdoor dining area, excluding driveways
perpendicular to the street, shall contain live landscape materials; and
.0204 Katella Avenue. A minimum three (3) foot wide area of the required
setback area between any restaurant outdoor dining area and the public right-of-way shall
contain live landscape materials.
.030 Location of Parking Areas. No parking areas shall be located between the ultimate
public right-of-way and the actual (constructed) building setback provided, however, that
vehicular drop-off areas may be located adjacent to the front of a building, but not in the required
minimum setback area.
.040 Lighting. Fluorescent, low pressure sodium, high pressure sodium, and mercury
vapor are prohibited in the front setback areas."
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SECTION 20.
That subsection .010 of Section 18.114.110 of Chapter 18.114 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".010 Minimum Parking Requirements.
.0101 Parking Requirements for Theme Parks and Associated Uses.
.01 Theme park parking shall be provided at the rate of one (1.0) space
for each one thousand (1,000) persons of estimated annual attendance with a minimum of
twenty-four thousand five hundred (24,500) parking spaces provided for both employees and
guests for the theme parks and associated uses at build -out.
.02 For retail entertainment center uses, parking shall be provided at the
rate of one (1.0) space for each one thousand (1,000) persons estimated non -theme park
incremental annual attendance.
.03 Required parking spaces may be provided either within the Parking
District or, other Districts contained within this Zone.
.0102 Parking Requirements for Hotels and Associated Uses in the Theme Park
and Hotel Districts. The following number of parking spaces shall be provided: Four-fifths (0.8)
of a space for each guest room. One-tenth (0.1) of a space per seat of eating/ drinking capacity
plus six and seven -tenths (6.7) spaces for each one thousand (1,000) square feet of banquet/
meeting room areas, plus the following employee spaces: one-quarter space (.25) for each
employee working in guest room areas; two (2.0) spaces per one hundred (100) seats of
eating/drinking capacity; one (1.0) space per each one thousand (1,000) gross square feet of retail
space.
.0103 Minimum Parking Requirements for Administrative Office Facilities.
Administrative Office Facilities within the Theme Park District contained within a building of
more than fifty thousand (50,000) gross square feet shall provide parking spaces within the
Theme Park District adjacent to such administrative facilities. The required parking may be
located within a parking facility or in surface parking lots and shall be provided at the following
rates:
.01 Buildings three (3) stories or less: Four (4.0) spaces for each one
thousand (1,000) gross square feet.
.02 Buildings greater than three (3) stories: Three (3.0) spaces for each
one thousand (1,000) gross square feet.
.0104 District A and C-R and Anaheim GardenWalk Overlay Parking
Requirements. The minimum number, type and design of off-street parking spaces for uses
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developed in District A or under the provisions of the C-R or Anaheim GardenWalk Overlays
shall comply with the requirements of Chapter 18.42 (Parking and Loading)."
SECTION 21.
That subsection .120 of Section 18.114.110 of Chapter 18.114 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".120 Parking Space and Access Design. Layout and design of parking areas and vehicle
accessways in the Hotel District, (except for parking for theme park and retail entertainment
center uses), District A and the C-R and Anaheim GardenWalk Overlays only shall comply with
the requirements of Sections 18.42.060 (Parking Dimensions and Design) and 18.42.070
(Parking Lot Design) and the applicable Engineering Standard Details on file in the office of the
Director of Public Works pertaining to off-street parking and parking structures, except as
follows:
.1201 Maximum Curb Openings per Street Frontage. A maximum of twenty-five
percent (25%) of any street frontage may be used for curb openings; except when the street
frontage is less than one hundred (100) feet but not less than twenty-five (25) feet, in which case
there shall be a maximum of one (1) twenty-five (25) foot wide curb opening. The maximum
number of curb openings per street frontage shall not exceed the following standards:
Two (2).
.01 Parcel frontage three hundred (300) feet or less: One M.
.02 Parcel frontage three hundred one (301) to six hundred (600) feet:
.03 Parcel frontage greater than six hundred (600) feet: Four (4).
.04 One (1) additional curb opening may be allowed if it is used as legal
access to one (1) or more adjacent parcels subject to the approval of the City's Traffic and
Transportation Manager.
.05 Access required and limited to emergency vehicles or access to utility
easements shall not be considered as curb openings as provided in this section.
.1202 Driveway Separation and Spacing. There shall be a minimum distance of
thirty-six (36) feet between driveways (nearest driveway edge to nearest driveway edge) serving
the same parcel, and a minimum distance of forty (40) feet between driveways (nearest driveway
edge to nearest driveway edge) serving adjacent parcels.
.1203 Driveway Width Dimensions. Driveways shall be a minimum of twenty-
five (25) feet wide in accordance with the Design Plan, with wider widths subject to the approval
of the City's Traffic and Transportation Manager based on sound engineering practices.
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.1204 Curb Return. The curb cut shall provide a minimum radius curb return and
sight distance clearance in accordance with the applicable Engineering Standard Details on file
in the office of the Director of Public Works pertaining to commercial driveway approaches or as
otherwise approved by the City's Traffic and Transportation Manager based on sound
engineering practices.
.1205 Entry Drive Dimension. A minimum entry driveway (throat) of forty (40)
feet shall be provided, measured from the nearest point of the ultimate street right-of-way line to
the nearest point of the on-site parking area or on-site vehicular accessway to said parking area.
Parking shall be designed so as to preclude a car from backing out of a stall and into the forty
(40) foot entry drive, in accordance with the applicable Engineering Standard Details on file in
the office of the Director of Public Works pertaining to driveway locations."
SECTION 22.
That subsection .030 of Section 18.114.120 of Chapter 18.114 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".030 Required Zoning. Vacation ownership resorts and conversions to vacation
ownership resorts shall be permitted only in the Theme Park, Hotel and Future Expansion
Districts subject to the requirements of subsection 18.114.050.020 (Limitation of Total Number
of Hotel Guest Rooms or Suites), in District A and the C-R Overlay subject to the requirements
of subsection 18.114.120.050 (Development Standards) and in the Anaheim GardenWalk
Overlay subject to the requirements of section 18.114.105 (Anaheim GardenWalk Overlay)."
SECTION 23.
That subsection .040 of Section 18.114.120 of Chapter 18.114 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".040 Related Uses. Vacation ownership resorts may include other uses, either as
accessory uses to the vacation ownership resort use or as independent facilities, so long as the
specific use is allowed by the relevant District or C-R or Anaheim GardenWalk Overlay
designation. Such uses shall meet all City laws and requirements."
SECTION 24.
That subsection .050 of Section 18.114.120 of Chapter 18.114 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".050 Development Standards. The development standards established in the relevant
District or C-R or Anaheim GardenWalk Overlay designation shall be applicable to vacation
ownership resort and the conversion of existing facilities to vacation ownership resort use. In
District A and in the C-R Overlay, additional requirements may be imposed as follows:
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.0501 Setback, height, landscaping, signage requirements and recreational
amenities. Additional restrictions may be required to ensure that the facility is adequately
buffered from surrounding uses.
.0502 Parking. Additional parking may be required if the design of the facility
and units indicates that additional parking is necessary.
.0503 Required facilities. The Planning Commission and/or City Council may
require the provision of - facilities, amenities, or design features usually associated with
hotels/motels (for example, lobbies, check-in areas, registration desks, service closets, laundry
facilities, and the like) to ensure that the vacation ownership resort will adequately function in
the same manner as a hotel/motel facility.
.0504 Kitchen facilities suitable for visitors may be permitted by the conditional
use permit permitting the vacation ownership resort."
SECTION 25.
That subsection .020 of Section 18.114.130 of Chapter 18.114 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".020 Signs - General.
.0201 Application.
.01 Sign standards and regulations contained within this section shall
apply to all Districts and the C-R Overlay within the Specific Plan area, except that for theme
park or retail entertainment center uses developed in the Theme Park and Hotel Districts, the sign
standards contained in this section and other sign regulations contained within the Anaheim
Municipal Code shall only apply to signs within the required setback adjacent to perimeter
streets, excluding West Street/Disneyland Drive. In the Theme Park and Hotel Districts, wall
signs for theme parks and retail entertainment center uses adjacent to the required setback along
perimeter streets, excluding West Street/Disneyland Drive, shall be internally oriented.
.02 Anaheim GardenWalk Overlay. Sign standards and regulations
contained within this section shall apply to development in the Anaheim GardenWalk Overlay
subject to the following exceptions:
(a) Signs, objects or structures located in the interior areas of the
Anaheim GardenWalk project shall be exempt from the requirements set forth in Section
18.114.130 (Sign Regulations). Signs, objects or structures shall be considered to be located in
an "interior" area for the purposes of this section if they are:
(i) Not visible to pedestrian or vehicular traffic from the
public right-of-way at an equal elevation as the Anaheim GardenWalk property line (measured
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five (5) feet above the grade of the sidewalk on the opposite side of the street from the Anaheim
GardenWalk project; or,
(ii) For Anaheim GardenWalk Overlay; Area A, at least
one hundred sixty (160) feet from the adjacent public right-of-way or correspond with the
setback of the last building bordering the view corridor, whichever is further as shown on Exhibit
5.8:315 (Anaheim GardenWalk Interior Signage and Icon/Themed Signage Element), and are
visible only to pedestrian and/or vehicular traffic through limited view corridors at the entrances
to the Anaheim GardenWalk project (as shown on Exhibit 5.8.31.5). The final dimensions of the
view corridor shall be shown on the Final Site Plan, and shall not exceed the corridor widths
shown on Exhibit 5.8.315.
(iii) For Anaheim Gardenwalk Overlay, Area B, the
Planning Commission shall review and approve an exhibit submitted as part of the Final Site
Plan which identifies interior areas and the view corridor consistent with ciriteria set forth in
subparagraph 18.114.130.020.0201.02 (a)(i) and (ii) (Signs - General).
(b) Icon/themed signage elements, as defined in subparagraph
18.114.130.060.0602.05 (Business and Identification Signs) may be permitted subject to
approval of a conditional use permit as set forth therein.
(c) On-site Informational, Regulatory and Directional ("IRD")
Signs. IRD Signs visible from the public right-of-way shall comply with the following:
(i) The maximum sign area shall be eight (8) square feet.
(ii) The design, location and number of signs shall be
approved as part of the Coordinated Signage Program with the Final Site Plan for the Lifestyle
Retail and Entertainment Complex.
(iii) If a company symbol or logo is included in the sign
copy, said symbol or logo shall occupy a maximum of twenty five percent (25%) of the sign
area.
(iv) An IRD sign may encroach into the required minimum
setback abutting the adjacent public right-of-way provided that the location of the sign shall
comply with the applicable Engineering Standard Details on file in the office of the Director of
Public Works pertaining to commercial driveway approaches and relating to line -of -sight
standards.
(d) Business and Identification Signs for Anaheim GardenWalk
Overlay, Area A. Business and identification signs located in the exterior areas of the Anaheim
GardenWalk project shall be developed in accordance with Exhibit Nos. 5.8.31.6 (Business
Identification Signs - Key Plan), 5.8.3.f.7 (Business Identification Signs - Disney Way) and
5.8.31.8 (Business Identification Signs - Katella Avenue). Business identification signs are
defined as those signs intended to advertise individual tenants of the Anaheim GardenWalk
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project (excluding hotels and vacation ownership resort units) and may consist of wall signs
and/or freestanding signs. Business identification signs within exterior areas of the Anaheim
GardenWalk project shall be shown on Final Site Plans subject to the review and approval of the
Planning Commission. Prior to the issuance of sign permits, plans shall be submitted to the
Planning Department indicating substantial conformance with sign plans approved as part of
Final Site Plans and in accordance with Exhibit Nos. 5.8.316, 5.8.317 and 5.8.318. Business
identification signs shall be considered to be located in an "exterior" area of the project for the
purposes of this section if they . are not otherwise considered as "interior" as defined in
subparagraph 18.114.130.020.0201.02(a).
(e) Projecting Signs. Projecting Signs shall comply with the
following:
(i) The maximum sign projections shall be forty (40)
inches as measured from the building wall and may encroach into the required setback area
adjacent to the public right-of-way.
(ii) Not more than one (1) projecting sign shall be
permitted per storefront; provided, however, that in the case of a storefront that is located on a
street corner, two (2) projecting signs may be permitted if both projecting signs will not be
visible at the same time from any one point along the adjacent intersecting public rights-of-way.
(iii) The maximum area of each sign face shall be six (6)
square feet.
(iv) The maximum height to the top of the sign panel shall
be twelve (12) feet above the ground level directly below the sign, and the minimum clearance
between the sign and the ground level shall not be less than eight (8) feet.
(v) The sign shall not project above the building wall or
roofline, whichever is lower.
(vi) The sign copy shall be limited to the name and/or logo
of the business.
(f) Parking Structure Entry and Projection Identification Signs. A
Parking Structure Entry and Project Identification Sign is a wall sign including the name of the
project, the project logo or symbol, and/or words identifying the parking entrance and/or exit,
which complies with the following:
(i) Disney Way and Katella Avenue. One (1) Parking
Structure Entry and Project Identification wall sign per vehicle entrance shall be permitted, as
follows:
a. Such sign shall have one (1) display surface
which shall be parallel to and in front of the exterior wall of the entrance to the parking structure.
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right -of --way. b. Such sign shall not encroach into any public
c. Such sign shall be limited to a maximum sign
area of ninety (90) square feet with a maximum letter height of two (2) feet, six (6) inches.
d. Such sign shall be located a minimum of eighty
(80) feet from the public right -of --way.
(ii) Clementine Street. One (1) Parking Structure Entry
and Project Identification wall sign per vehicle entrance shall be permitted, as follows:
a. Such sign shall have one (1) display surface
which shall be parallel to and in front of the exterior wall of the entrance to the parking structure.
b. Such sign shall not encroach into any public
right-of-way.
c. Such sign shall be limited to a maximum sign
area of one hundred and sixty (160) square feet with a maximum letter height of thirty-eight (3 8)
inches.
d. Such sign shall be located a minimum of eighty
(80) feet from the public right -of --way.
(iii) Disney Way. One (1) Parking Structure Entry and
Project Identification wall sign per vehicle entrance shall be permitted, as follows:
a. Such sign shall have one (1) display surface
which shall be parallel to and in front of the exterior wall of the porte-cochere entrance to. the
parking area.
b. Such sign shall not encroach into any public
right-of-way.
c. Such sign shall be limited to a maximum sign
area of three hundred (300) square feet with a maximum letter height of fifty-two (52) inches.
d. Such sign shall be located a minimum of two
hundred and fifty (250) feet from the public right-of-way.
e. Such sign shall be limited to identification of the
Anaheim GardenWalk project and the hotel/vacation ownership resort located above the parking
structure.
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(g) Project Identification Wall Signage. Project
Identification wall signage in Area A shall be limited to one (1) building wall sign on a north
building elevation visible to Disney Way, one (1) building wall sign on a west building elevation
visible to eastbound traffic on Disney Way and or one (1) 'garden wall' sign with the name and/or
Logo of the Project, as described herein, facing Katella Avenue, and further subject to the
following:
(i) Project Identification Building Wall Sign. Each
building wall sign shall be limited to a maximum size of two hundred and forty (240) square feet
with a maximum letter height of fifty two (52) inches, and shall be subject to the following:
a. The maximum height of the sign shall not
extend above the top of the building eave line or roofline, whichever is lower.
b. The sign letters shall be located no closer
than one half (0.5) the size of the letter to the top and sides of the building wall or facia.
c. Such sign shall not project more than
twelve (12) inches from the wall to which it is attached.
d. Such sign shall not be attached to the
building wall with visible supports or raceways.
e. Such sign shall consist of internally
illuminated channel letters and all raceways shall be concealed.
(ii) Project Identification Garden Wall Sign. A
'Project Identification Garden Wall Sign' is a sign identifying the project that is integrated into a
feature landscape element such as a wall or other landscape feature that expresses the
architectural character or theme of the Project. The allowable sign area shall comply with
paragraph .0102 (Area of Sign) of subsection 18.114.130.010 (Definitions Pertaining to Signs),
and the requirements for a Freestanding Monument Sign as set forth in paragraph .0604 (Sign
Standard Matrices) of subsection 18.114.130.060 (Business and Identification Signs) of this
Chapter provided that:
a. The feature landscape element may
extend into the required setback area adjacent to a. public right-of-way provided that a minimum
seven (7) foot setback from the public right-of-way shall be maintained and provided further that
the element shall comply with the applicable Engineering Standard Details on file in the office of
the Director of Public Works pertaining commercial driveway approaches and relating to line -of -
sight distance standards.
b. The maximum height of the garden wall
or any landscape feature element shall not exceed eight (8) feet (including the sign element).
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shall not exceed seventy (70) feet. c. The maximum length of the garden wall
d. Sign illumination shall be the same as
permitted for Freestanding Monument Signs pursuant to paragraph .0604 (Sign Standard
Matrices) of subsection 18.114.130.060 (Business and Identification Signs).
(h) Project Theme Graphics. Graphic design features may
be integrated into the architecture of the project for purpose of seasonal decoration and project
theme development, subject to the following:
(i) A maximum of eight (8) banners used for
project identification and seasonal decoration will be permitted to project from building facades
along Disney Way frontage in the location identified on Exhibit 10, Page 5 of Conditional Use
Permit No. 4078, as amended. Banners are restricted to thirty-six (36) square feet in area and
can project into the required building setback area. Vertical clearance below the banner shall be
no less than ten (10) feet. Banners shall not project into the ultimate public right-of-way.
0202 Administrative Provisions - Sign Regulations. The location, size, type,
construction and all other matters relating to signs in the Specific Plan area, with the exception of
theme parks and retail entertainment centers in the Theme Park and Hotel District, which shall be
exempt from the provisions of this section and other regulations contained within the Anaheim
City Code governing signs, shall be regulated and controlled exclusively by the provisions of this
chapter except to the extent reference is expressly made in this chapter to any other provision of
the Anaheim Municipal Code. In the event of any conflict between the provisions of this chapter
and any other provisions of the Anaheim Municipal Code so referenced herein, the provisions of
this chapter shall govern and prevail. All signs and all applications shall therefore be exclusively
administered by the Planning Director except those signs which may be sought in conjunction
with a conditional use permit or a zone variance.
.0203 Coordinated Sign Program. All signs on a property shall be designed as
part of a coordinated architectural, informational, regulatory and directional sign system with a
consistent design detailing, typeface and color system. All multi -tenant signs shall either use one
consistent typeface for all tenants or use one color for all sign copy. The capital letter height of
all tenant identification copy shall be the same on a single sign face. Multi -tenant wall signs shall
either be all wall signs or all canopy signs except for as provided elsewhere in this chapter for
hotel/motel accessory uses.
.0204 Resolution of Inconsistent Provisions. Notwithstanding any other
provision of this Code to the contrary, all provisions governing signs or advertising structures of
any type in this Zone shall be contained within this chapter; provided, however, the provisions of
Section 18.44.170 (Temporary Signs - Special Event Permit), and Chapters 4.04 (Outdoor
Advertising Signs and Structures - General), 4.08 (Outdoor Advertising Signs and Structures -
Near Freeways) and 4.09 (Advertising of Motel and Hotel Rental Rates)" of the Anaheim
Municipal Code shall apply to signs and advertising structures in this zone to the extent such
provisions are not inconsistent with this chapter.
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.0205 Variances From Sign Requirements. No person shall install or maintain
any sign in the Specific Plan area except as permitted herein; provided, however, that any
requirements or restrictions may be waived in whole or in part upon such conditions as may be
imposed by the Zoning Administrator, Planning Commission or the City Council by a zone
variance processed and approved in accordance with all procedures, requirements and
restrictions established for variances pursuant to Chapters 18.60 (Procedures) and 18.66
(Conditional Use Permits).
.0206 Signs Approved in Conjunction with Conditional Use Permits. Approval
of any conditional use permit shall be deemed to constitute approval of any on-site signs which
are otherwise permitted in the Specific Plan area unless, as part of the action approving the
conditional use permit, more restrictive sign requirements are imposed.
.0207 Legal Nonconforming Signs - General. Any sign or other advertising
structure of whatever type or nature, other than an illegal sign, which violates or otherwise does
not comply with the applicable requirements of this chapter shall be subject to compliance with
the regulations prescribed herein in the time and manner hereinafter set forth.
.01 Legal Nonconforming Signs -Continuation and Termination. Any
legal nonconforming sign or sign structure in existence on the effective date of this chapter
which violates or otherwise does not conform to the provisions hereof shall be removed, altered
or replaced so as to conform to the requirements of this chapter (hereinafter the "abatement")
either:
(a) within twelve (12) years from and after the date said sign first
becomes nonconforming to the provisions of this chapter, or
(b) on or before December 31, 2005, whichever is later; provided,
however, in no event shall such abatement be required unless and until the owner of said sign has
received not less than one (1) year's advance written notice from the Planning Director of the
City requiring the removal or alteration of sign. Notwithstanding the foregoing:
(i) Any advertising display which was lawfully erected, but
whose use has ceased; or the structure upon which the display exists has been abandoned by its
owner, for a period of not less than ninety (90) days, shall be removed, altered or replaced so as
to conform to the provisions of this chapter within six (6) months from the date of receipt of a
written order of abatement from the Planning Director of the City requiring such abatement.
Costs incurred by the City in removing an abandoned display shall be borne by or charged to the
legal owner of the real property upon which said sign is located.
(ii) Any advertising display structure which has been more
than fifty percent (50%) destroyed, and the destruction is other than facial copy replacement, and
said structure cannot be repaired within thirty (30) days of the date of its destruction shall be
removed, altered or replaced so as to conform to the provisions of this chapter within six (6)
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months from the date of receipt of a written order of abatement from the Planning Director of the
City requiring such abatement.
(iii) Any advertising display, whose owner, outside of a
change of copy, requests permission to remodel and remodels that advertising display, or
expands or enlarges the building or land use upon which the advertising display is located, and
the display is affected by the construction, enlargement, or remodeling, or the cost of
construction, enlargement or remodeling of the advertising display exceeds fifty percent (50%)
of the cost of reconstruction of the building shall remove, alter or replace such sign so as to
conform to the requirements of this chapter in conjunction with said project.
(iv) Any advertising display for which there has been an
agreement between the advertising display owner and the City for its removal as of any given
date shall remove such sign per said agreement.
(v) Any temporary advertising display erected pursuant to
a special events permit issued by the City shall be removed as specified under Section 18.44.170
(Temporary Signs - Special Event Permit) or within such other time as expressly authorized by
the City.
(vi) Any advertising display which is an immediate danger
to public health or safety shall be removed, altered or replaced so as to conform to the
requirements of this chapter within thirty (30) days from the date of receipt of a written order of
abatement from the Planning Director of the City requiring such removal or alteration.
(vii) Any advertising display which in the opinion of the
City Traffic and Transportation Manager constitutes a traffic hazard not created -by relocation of
streets or highways or by acts of the City shall be removed, altered or replaced so as to conform
to the requirements of this chapter within thirty (30) days from the date of receipt of a written
order of abatement from the Planning Director of the City requiring such removal or alteration.
(viii) Any other advertising display for which the City is
exempt from the payment of compensation in conjunction with requiring its removal as specified
in Chapter 2.5 of Division 3 of the Business and Professions Code of the State of California, or
any successor provisions thereto shall be subject to removal as specified in said Code.
(ix) Illegal Signs. Illegal signs as defined in subsection
18.114.130.010 (Definitions Pertaining to Signs) shall be removed, altered of replaced so as to
conform to the requirements of this chapter within six (6) months following the effective date of
this chapter.
.0208 Regulation of Special Types of Signs - General. Notwithstanding any
other provisions of this chapter, the following special types and classifications of signs shall be
permitted subject to compliance with the limitations and conditions prescribed herein.
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.0209 Signs Required By Law. Nothing contained in this chapter shall prevent
the erection, location or construction of any sign on private property where such erection,
location or construction of said sign is required by any law; provided, however, no such sign
erected, placed or maintained pursuant to this provision shall exceed four (4) square feet in area
except to the extent a greater sign area is expressly required by law.
.0210 Signs in the Public Rights -of -Way. Signs shall be prohibited in any public
rights-of-way as provided in Section 4.04.130 (Prohibition of Signs in the Public Right -of -Way),.
except signs and gateways as described in the Design Plan or on the pedestrian overcrossing on
Disneyland Drive, and private Anaheim Resort business identification freestanding monument
signs within the ultimate public right-of-way along Katella Avenue, provided an Encroachment
License is approved for such signs by the Public Works Department.
.0211 Political Campaign Signs. Notwithstanding any other provision of this
chapter, political campaign signs shall be permitted on private property provided:
.01 Sight Distance. Such signs shall comply with the minimum sight
distance requirements set forth in paragraph 18.114.130.020.0212 (Minimum Sight Distance
Requirements for Freestanding Signs);
.02 Code Compliance. Such signs shall comply with the provisions of
Section 4.04.130 (Prohibition of Signs in the Public Right -of -Way); and
.03 Title 15 Compliance. Any structure to which a political sign is
attached shall comply with all applicable provisions of Title 15 (Building and Housing) of the
Anaheim Municipal Code, except that no building permit shall be required for a temporary
political campaign sign having a surface area of thirty-five (35) square feet or less and which
structure is removed within one hundred and twenty (120) days of its erection or placement, or
within thirty (30) days after the election to which the sign relates, whichever occurs first.
.0212 Minimum Sight Distance Requirements for Freestanding Signs. A line -of -
site triangle is hereby established at each corner of every intersection of two (2) streets. Two (2)
legs of the triangle shall extend twenty-five (25) feet along the ultimate right-of-way line of each
street right-of-way (except at the intersection of Harbor Boulevard and Katella Avenue where the
legs of the triangle shall extend twenty-five (25) feet along the back of the sidewalk) and the
third leg shall connect the termini of each of the other two (2) legs. No sign above twenty-four
(24) inches (as measured from the finished grade of the adjacent sidewalk) in height shall be
permitted within the line -of -site triangle. Any freestanding sign installation located within fifty
(50) feet of any driveway, including driveways on adjacent properties, shall meet the provisions
of the applicable Engineering Standard Details on file in the office of the Director of Public
Works pertaining to commercial driveway approaches."
SECTION 26.
That subsection .050 of Section 18.114.130 of Chapter 18.114 of Title IS of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
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".050 Future Establishment Signs. The future establishment of a business or other
activity on a parcel or lot may be advertised by means of on-site signage, subject to compliance
with the following provisions:
.0501 Ownership of Property. The subject property upon which the sign is
located must be owned in fee interest, or must be under lease for a minimum ten (10) year period
(from the date of issuance of the sign permit), by, or for the purpose of, the future business or
establishment referred to upon the copy of said sign. Proof of compliance with this subsection
shall be submitted to the Building Division of the Planning Department prior to issuance of a
permit.
.0502 Maximum Area Per Sign Face: Sixty (60) square feet.
.0503 Maximum Height: Four (4) feet with a two (2) foot berm, for a maximum
total height of six (6) feet.
.0504 Maximum Number Permitted: One (1) single -faced or double-faced
freestanding sign per each street or highway frontage.
.0505 Location. All future establishment signs shall be located in the middle
thirty (30) percent of the street frontage except for corner lot locations where said sign may be
located at the comer.
.0506 Time Limit. For development in conformance with the Theme Park, Hotel,
Parking and Future Expansion Districts, five (5) years from date of construction or erection, and
for development in conformance with District A or the C-R or Pointe Anaheim GardenWalk
Overlays, one (1) year from date of construction or erection unless prior to expiration, approved
by the Planning Director for an additional period not to exceed one (1) year.
.0507 Names and Dates Required on Signs. The name of the sign owner,
property owner or sign builder along with a phone number, as well as the date the sign is erected,
shall be securely placed on each sign.
.0508 Sign Permit Fees and Deposits. For each and every on-site future
establishment sign, there shall be paid to the Building Division of the Planning Department, a
sign permit fee and cash deposit to guarantee removal of each sign. The amount of said fees and
deposits shall be as specified by City Council Resolution. Further, all such signs shall be subject
to the following conditions:
.01 Return of Deposit. If said sign is removed within thirty (30) days
following the expiration date, the removal deposit shall be refunded to the depositor in full.
.02 Failure to Remove. If said sign is not removed prior to or upon the
permit expiration date, the City or its agents may enter upon subject property and remove the
sign, the cost of the removal to be deducted from the removal deposit, and the remainder of the
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removal deposit, if any, to be returned to the depositor. The person, firm or entity whose name
appears on the sign (collectively "person") shall be notified of the City's intent to remove the sign
not less than fourteen (14) days prior to removal by the City. Following removal by the City, said
person shall be notified of the removal and said sign shall be retained for a minimum of ten (10)
days following the date of such notice after which said sign may be disposed of by the City.
.03 Authority. Before a permit for such a sign is issued, the owners of
record of the premises and the person proposing to erect the sign must furnish the Building
Division written authority granting the City of Anaheim or any of its agents or employees
irrevocable permission to enter upon the premises and irrevocably appointing the Chief Building
Official as the agent of the owners with permission and authority to remove such sign pursuant to
the provisions of the section."
SECTION 27.
That subsection .060 of Section 18.114.130 of Chapter 18.114 of Title 18 'of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".060 Business and Identification Signs. Business and identification signs shall comply
with the Design plan, shall consist of permanent non -changeable copy except as provided for in
Section 18.114.130.060.0602.01 (Changeable Copy Signs), and shall comply with the following:
.0601 Permitted Signs. The following sign types are allowed in this Zone subject
to the requirements of this chapter.
.01 Freestanding Monument Signs. Such signs shall be:
(a) Monument signs except as provided elsewhere in this chapter;
(b) Limited to the name of the development and/or a maximum of
three (3) company names which may be identified by the company name and/or company
symbols/logos or three (3) generic names (e.g., 'gifts', 'restaurant');
(c) Such signs shall use the standard Anaheim Resort monument
sign design and conform to the appropriate sign size as specified in Exhibit 7.Oa (General Sign
Standards Matrix) and Exhibit 7.Ob (Hotel/Motel Sign Standards Matrix) in paragraph
18.114.130.060.0604 (Sign Standards Matrices) and in accordance with Planning Standard
Details No. 5 and 6 on file in the Planning Department.
(d) Freestanding monument signs shall be located in the
approximate middle forty percent (40%) of the street frontage except on corner lot locations
where said sign may be located at the corner.
.02 Informational, Regulatory and Directional (IRD) signs not visible
from the Public Right -of -Way. Such signs shall:
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(a) Be located outside any required setback area;
(b) Be designed to direct pedestrians and/or vehicular traffic while
said traffic is on the parcel on which said signage is located; and
(c) Be designed as a coordinated architectural, informational,
directional and regulatory sign system for said project, provided if a company symbol or logo is
part of the sign copy, it may occupy up to a maximum of fifty percent (50%) of the sign area.
.03 Informational, Regulatory and Directional (IRD) Signs Visible from
the Public Right -of -Way.
(a) Except as set forth in subparagraph (2) below, such signs shall:
(i) Have a maximum sign face of eight (8) square feet; and
(ii) Be designed as a coordinated architectural,
informational, directional and regulatory sign system for said project, provided if a company
symbol or logo is part of the sign copy, it shall occupy a maximum of twenty-five percent (25%)
of the sign area.
(b) Informational and directional blade signs visible from Magic
Way may encroach into the required minimum setback area abutting the Magic Way public
right-of-way and may exceed a maximum sign area of eight (8) square feet subject to the
approval of the Planning Director provided:
(i) "Blade Sign" shall mean a sign on blade panels affixed
to a pole;
(ii) Blade signs shall be designed as part of a coordinated
architectural, informational and directional sign system;
(iii) Such signage shall be limited to a maximum pole
height of twelve (12) feet and a maximum pole diameter of eight (8) inches. The individual blade
panels shall be limited to a maximum length of forty eight (48) inches, and shall be attached to
the pole at a height between seven (7) feet and eleven (11) feet above grade level;
(iv) Such signage shall be limited to a maximum of two (2)
blade signs at each vehicular entry drive; and
(v) Such signage shall not be oriented toward, or direct
vehicular circulation toward, Walnut Street.
04 Wall Signs.
(a) Wall signs shall not encroach into any public right-of-way, and
are subject to the provisions specified in Exhibit 7.Oa (General Sign Standards Matrix) and
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Exhibit 7.Ob (Hotel/Motel Sign Standards Matrix) in paragraph 18.114.130.060.0604 (Sign
Standard Matrices).
(b) Said signs shall have only one (1) display surface; and
(c) Said signs shall be placed parallel to and in front of any
exterior wall of the building.
.05 Canopy Signs. Canopy Signs as defined in subsection 18.114.130.010
(Definitions Pertaining to Signs) are considered a wall sign and as such, all regulations
pertaining to wall signs also pertain to canopy signs. Such signs shall be permitted on awning
valances, provided awnings shall not be permitted to project over or into a public right-of-way
and the awnings shall be an integral part of the building design. Canopy signs on awning
valances are considered wall signs and are subject to the provisions of wall signs as provided in
Exhibit 7.Oa (General Sign Standards Matrix) and Exhibit 7.Ob (Hotel/Motel Sign Standards
Matrix) in paragraph 18.114.130.060.0604 (Sign Standard Matrices) and to the following
provisions:
(a) Said signs must be oriented to the pedestrian;
(b) Said signs shall not be internally illuminated;
(c) Only fifteen percent ONO of the entire surface of the awning
may be utilized for the sign;
(d) Said sign may include the company name and/or company
symbol/logo; and
(e) Up to one (1) canopy/awning may have "The Anaheim
ResortTM" logo located on the canopy/awning in a size and location approved by the Planning
Director.
.06 Window Identification Signs subject to Exhibit 7.Oa (General Sign
Standards Matrix) and Exhibit 7.Ob (Hotel/Motel Sign Standards Matrix) in paragraph
18.114.130.060.0604 (Sign Standard Matrices).
.07 Restaurant Menu Boards subject to the provisions of Exhibit 7.Oa
(General Sign Standards Matrix) and Exhibit 7.Ob (Hotel/Motel Sign Standards Matrix) in
paragraph 18.114.130.060.0604 (Sign Standard Matrices).
08 Other signs as permitted elsewhere in this chapter.
.0602 Conditionally Permitted Signs. The following signs shall be permitted
subject to the approval of a conditional use permit pursuant to and in accordance with the
applicable provisions of Chapters 18.60 ( Procedures) and 18.66 (Conditional Use Permits); this
section is not intended to conditionally allow signs prohibited by this chapter or to change the
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standards contained herein, but is intended to provide a mechanism to address special
circumstances.
.01 Changeable copy signs (including electronic message boards) for a
theater, entertainment facility, amusement park, or for hotel/motel complexes provided the site
on which the use is located is a minimum of six (6) acres in area. In addition, the following
provisions shall apply to such signs:
(a) In addition to the permitted business identification wall signs,
changeable copy signs shall be wall signs provided the top of such sign is below the cornice of
the building or twenty five (25) feet whichever is lower, except that a theater or entertainment
facility may have a changeable copy sign which displays identification and program information,
the name of the theater or auditorium and it may be a Marquee sign.
(b) Such signs shall not be visible from residential zoned or
residentially developed properties;
(c) The design of such signs shall be integrated with the
architecture of the building; and
(d) Animation and bare bulbs are allowed as they pertain to bulb
matrix technology (the technology used for reader board changeable message signs);
.02 Signs neither otherwise expressly permitted nor otherwise expressly
prohibited in this Zone.
.03 Signs for any use, building or structure requiring a conditional use
permit.
.04 Projecting signs as defined in subsection 18.114.130.010 (Projecting
Sign).
.05 In the Anaheim GardenWalk Overlay, up to two (2) icon/themed
signage elements (defined as "a structure, sculpture, or having the nature of, an icon, which is a
nationally -recognized image or object, including, but not limited to, trademarked objects, logos,
or other images and figures associated with nationally -recognized corporate identities") shall be
permitted subject to the approval of Conditional Use Permit No. 4078, as amended, or a separate
conditional use permit provided that the signage shall be associated with a use approved for the
Anaheim GardenWalk project pursuant to Section 18.114.105 (Anaheim GardenWalk Overlay);
the location shall be in compliance with Exhibit 5.8.31.5 and further provided that the size,
location, height (not to exceed thirty (30) feet in height measured from the elevation of the public
sidewalk closest to the location of the element), and design of the signage shall be determined by
the conditional use permit, and further provided that the maximum height of the icon/themed
project element in the interior of Area A may be permitted up to a height of 75 feet measured
from the elevation of the public sidewalk closest to the location of the element (Disney Way) to
the top of the element, provided that the element is proposed without any signage, including
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logos, trademarked objects or other images and figures associated with nationally -recognized
corporate identities, excluding signage that is visible to the interior of the project only, and is
located a minimum of two hundred (200) feet from the public right-of-way.
Zone:
.0603 Prohibited Signs. The following types of signs shall be prohibited in this
.01 A -frame or "sandwich board" signs.
02 Animated signs.
.03 Attachments or "riders" to signs.
.04 Beacon lights or beacon signs, when the intent of such signs is
advertising and not entertainment, which shall not have adverse glare on adjoining properties.
.05 Billboards.
.06 Business information sign.
.07 Can -type signs which incorporate translucent copy and translucent
background, provided, however, that can -type signs with opaque background, allowing only the
copy to be illuminated, shall be permitted.
.08 Changeable copy signs (including electronic message boards), as
defined (except as permitted under a conditional use permit) for theaters, entertainment facilities,
amusement parks or for hotel/motel complexes provided the site 'on which the use is located is a
minimum of six (6) acres in area.
.09 Emitting signs.
.10 Exposed neon signs.
11 Flashing or traveling light signs.
.12 Flourescent colors on signs except for colors on company symbols.
.13 Landscape signs. An arrangement of any plant type (flowers, shrubs,
etc.), which spells out words or resembles a symbol or a figure shall not be permitted.
14 Magnetic signs.
.15 Off -premises or off-site directional signs, except as permitted in
subparagraph 18.114.130.020.0201.02(c).
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.16 On-site directional guidance and on-site directory signs which are not
part of a coordinated architectural, informational, directional and regulatory sign system.
.17 Paper, cloth and plastic streamer signs, and flags, banners and fixed
balloons except as otherwise permitted pursuant to Section 18.44.170 (Temporary Signs -
Special Event Permit).
18 Painted signs on exterior walls.
.19 Pennants except as otherwise permitted pursuant to Section 18.44.170
entitled (Temporary Signs - Special Event Permit).
Business," etc.).
.20 "Come-on" signs (e.g. "Sale Today", "Stop," "Look," "Going out of
.21 Pole signs.
.22 Portable signs.
.23 Product advertising signs (e.g., soft drinks, cigarettes, etc.)
.24 Roof signs.
.25 Rotating or revolving signs.
.26 Signs attached to trees or landscaping.
.27 Signs projecting over or into the public right-of-way except as
otherwise expressly permitted herein.
.28 Statues utilized for advertising purposes.
.29 Temporary signs except as otherwise expressly permitted herein.
.30 Replicas of official traffic control signs or signs so similar as to be
confusing or hazardous to traffic.
.31 Vehicle entrance or exit signs which incorporate business name(s) or
other advertising not in compliance with subparagraph 18.114.130.060.0601.03 (Information,
Regulatory and Directional (IRD) Signs Visible from the Public Right -of -Way)
. .32 Vehicle signs (signs mounted or displayed on a vehicle for advertising
purposes) or the parking or storage of advertising vehicles on public or private property.
.33 Wall signs located below the third (3rd) floor level of a building and
which signs are located on a property adjacent to and visible from residential properties.
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.34 Window signs, including neon signs and signs painted on display
windows with day-glo, or temporary paint (other than permitted window identification signs as
defined in subparagraph 18.114.130.060.0601.06 (Window Identification Sign).
.0604 Sign Standard Matrices. In addition to all other requirements contained in
this chapter, permitted signs shall comply with the provisions of Exhibit 7.Oa (General Sign
Standards Matrix) and Exhibit 7.Ob (Hotel/Motel Sign Standards Matrix) as hereinafter set forth
in this chapter and the provisions of which are incorporated herein by this reference."
SECTION 28. SEVERABILITY
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any
reason to be invalid, it is the intent of the Council that it would have passed all other portions of
this ordinance independent of the elimination herefrom of any such portion as may be declared
invalid.
SECTION 29. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of any other ordinance of this
City shall in any manner affect the prosecution for violations of ordinances, which violations
were committed prior to the effective date hereof, nor be construed as a waiver of any license or
penalty or the penal provisions applicable to any violation thereof. The provisions of this
ordinance, insofar as they are substantially the same as ordinance provisions previously adopted
by the City relating to the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
SECTION 30. PENALTY
It shall be unlawful for any person, firm or corporation to violate any provision or
to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation
violating any provision of this ordinance or failing to comply with any of its requirements shall
be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not
exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months,
or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed
guilty of a separate offense for each day during any portion of which any violation of any of the
provisions of this ordinance is committed, continued or permitted by such person, firm or
corporation, and shall be punishable therefor as provided for in this ordinance.
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THE FOREGOING ORDINANCE was introduced at a regular meeting of the
City Council of the City of Anaheim held on the 11 th day of Apri 1 , 2006, and
thereafter passed and adopted at a regular meeting of said City Council held on the 25th day of
April , 2006, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez
NOES: None
ABSENT: None
ABSTAIN: None
CITIMAR
AHEIM
By
OF THE ANAHEIM
ATTES
Aj
C Y14LERK 6F THE CITY OF ANAHEIM
61298.1//MGordon
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Exhibit A
Legal Descriptions
AREA A:
Melodyland Parcels:
(�6 0 W13
THE WEST 20 ACRES OF THE NORTHERLY 645.00 FEET OF THE SOUTHERLY 1320.00
FEET OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE
10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK
51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPT THE WEST 720.00 FEET.
ALSO EXCEPT THE NORTH 60.00 FEET.
PARCEL B:
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4
SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN
THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE
OF THE COUNTY REORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER;
THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF SAID SOUTHEAST
QUARTER; THENCE EAST 833.51 FEET PARALLEL WITH THE SOUTH LINE OF SAID
SOUTHEAST QUARTER TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 0° 16'
30" EAST 675.11 FEET TO A POINT, SAID POINT BEING ALSO THE SOUTHEASTERLY
CORNER OF THE LAND DESCRIBED IN DEED TO ALWYN S. JEWELL AND LUCILLE
G. JEWELL, RECORDED OCTOBER 5, 1979 IN BOOK 4912, PAGE 102, OFFICIAL
RECORDS; THENCE EAST 486.49 FEET ALONG THE SOUTH LINE OF SAID
SOUTHEAST QUARTER TO THE SOUTHEAST CORNER OF LAND CONVEYED TO
DONALD F. REA BY DEED RECORDED DECEMBER 1, 1958 IN BOOK 4521, PAGE 453,
OF OFFICIAL RECORDS; THENCE NORTH 675.00 FEET ALONG THE EAST LINE OF
SAID LAND CONVEYED TO REA, TO THE NORTHEAST CORNER THEREOF; THENCE
WEST ALONG THE NORTH LINE OF SAID LAND OF REA TO THE TRUE POINT OF
BEGINNING.
EXCEPT THE WEST 292.00 FEET THEREOF.
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ALSO EXCEPT THE SOUTH 360.00 FEET THEREOF.
Hasenyager Parcel:
LOT 3 OF TRACT NO. 3330, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 113, PAGES 21 AND 22
OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
Zaby's Parcel:
LOTS I AND 2 OF TRACT 3330, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 113, PAGES 21 AND 22 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
EXCEPT THEREFROM THAT PORTION CONVEYED TO THE CITY OF ANAHEIM BY
DEED RECORDED JULY 30, 1997 AS INSTRUMENT NO. 97-0359942, OFFICIAL
RECORDS.
Berger Parcel:
LOTS 4 AND 5 OF TRACT NO. 3330, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 113, PAGES 21
AND 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
Rist Parcel:
PARCEL l:
THE WEST 292 FEET OF THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION
22, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE
SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
THEREOF RECORDED IN BOOK 5l, PAGE 10, MISCELLANEOUS MAPS, RECORDS OF
SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER;
THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF SAID SOUTHEAST
QUARTER; THENCE EAST 833.51 FEET PARALLEL WITH THE SOUTH LINE OF SAID
SOUTHEAST QUARTER TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 0° 16'
30" EAST 675.11 FEET TO A POINT, SAID POINT BEING ALSO THE SOUTHEASTERLY
CORNER OF THE LAND DESCRIBED IN DEED TO ALWYN S. JEWEL AND LUCILLE G.
JEWELL, RECORDED OCTOBER 5, 1959 IN BOOK 4912, PAGE 102, OFFICIAL
RECORDS; THENCE EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST
QUARTER, 486.49 FEET TO THE SOUTHEAST CORNER OF LAND CONVEYED TO
DONALD F. REA BY DEED RECORDED DECEMBER 1, 1958 IN BOOK 4521, PAGE 543,
OFFICIAL RECORDS; THENCE NORTH ALONG THE EAST LINE OF SAID LAND
CONVEYED TO REA, 675.00 FEET TO THE NORTHEAST CORNER THEREOF; THENCE
WEST ALONG THE NORTH LINE OF SAID LAND OF REA TO THE TRUE POINT OF
BEGINNING;
-46-
EXCEPT THEREFROM THE WEST 150 FEET OF THE SOUTH 360 FEET; ALSO EXCEPT
THEREFROM THE SOUTH 60 FEET INCLUDED WITHIN KATELLA AVENUE, 120 FEET
WIDE.
PARCEL 2:
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4
SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN
THE CITY OF ANAHEIM, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51,
PAGE 10 MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER;
THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF SAID SOUTHEAST
QUARTER; THENCE EAST 833.51 FEET PARALLEL WITH THE SOUTH LINE OF SAID
SOUTHEAST QUARTER TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 0° 16'
30" EAST 675.11 FEET TO A POINT, SAID POINT BEING ALSO THE SOUTHEASTERLY
CORNER OF THE LAND DESCRIBED IN DEED TO ALWYN S. JEWELL AND LUCILLE
G. JEWELL, RECORDED OCTOBER 5, 1959 IN BOOK 4912, PAGE 102, OFFICIAL
RECORDS; THENCE EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST
QUARTER, 486.49 FEET TO THE SOUTHEAST CORNER OF LAND CONVEYED TO
DONALD F. REA, BY DEED RECORDED DECEMBER 1, 1958 IN BOOK 4521, PAGE 543,
OFFICIAL RECORDS; THENCE NORTH ALONG THE EAST LINE OF SAID LAND
CONVEYED TO REA, 675.00 FEET TO THE NORTHEAST CORNER THEREOF; THENCE
WEST ALONG THE NORTH LINE OF SAID LAND OF REA TO THE TRUE POINT OF
BEGINNING.
EXCEPT THEREFROM THE SOUTH 60.00 FEET INCLUDED WITHIN KATELLA
AVENUE, 120.00 FEET WIDE.
ALSO EXCEPT THEREFROM THE NORTH 315 FEET. ALSO EXCEPT THEREFROM THE
WEST 292 FEET.
Ursini Parcel:
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4
SOUTH, RANGE 10 WEST, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER;
THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF SAID SOUTHEAST
QUARTER; THENCE EAST 833.51 FEET PARALLEL WITH THE SOUTH LINE OF SAID
SOUTHEAST QUARTER; THENCE SOUTH 0° 16' 30", EAST 675.11 FEET TO THE TRUE
POINT OF BEGINNING, SAID POINT ALSO BEING THE SOUTHEASTERLY CORNER OF
THE LAND DESCRIBED IN DEED TO ALWYN S. JEWELL AND LUCILLE G. JEWELL,
RECORDED OCTOBER 5, 1959 IN BOOK 4912, PAGE 102 OF OFFICIAL RECORDS;
THENCE NORTH 00 16'30" WEST, 360.00 FEET ALONG THE EASTERLY LINE OF SAID
LAND; THENCE EAST 150.00 FEET PARALLEL WITH THE SOUTHERLY LINE OF SAID
SOUTHEAST QUARTER; THENCE SOUTH 00 16' 30" EAST, 360.00 FEET PARALLEL
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WITH SAID EASTERLY LINE OF THE LAND CONVEYED TO JEWELL TO THE
SOUTHERLY LINE OF SAID SECTION; THENCE WEST ALONG THE SOUTHERLY LINE
OF SAID SECTION 150.00 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM, THAT PORTION OF SAID PROPERTY LYING SOUTHERLY
OF THE NORTHERLY LINE OF THAT CERTAIN FINAL ORDER OF CONDEMNATION
DATED JANUARY 30, 1998, CASE NO. 782833 OF THE SUPERIOR COURT OF THE
STATE OF CALIFORNIA, A CERTIFIED COPY OF WHICH WAS RECORDED
FEBRUARY 9, 1998 AS INSTRUMENT NO. 19980071981 OF OFFICIAL RECORDS.
City Parcel:
THE NORTHERLY 280.35 FEET OF PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN
BOOK 55, PAGE 46 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY.
AREA B:
Pyrovest Parcels:
PARCEL l:
THE EAST 660.00 FEET OF THE WEST 720.00 FEET OF THE NORTH 585.00 FEET OF
THE SOUTH 1260 FEET OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4
SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN
THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM, THE FOLLOWING DESCRIBED PROPERTY:
BEGINNING AT A POINT SOUTH 00 13' 22" EAST 15.03 FEET FROM THE NORTHWEST
CORNER OF THE ABOVE DESCRIBED PROPERTY SAID POINT BEING ON THE
EASTERLY LINE OF HARBOR BOULEVARD 120 FEET WIDE; THENCE SOUTH 0° 13'
22" EAST ALONG SAID EASTERLY LINE 100.08 FEET; THENCE NORTH 89° 54' 30"
EAST PARALLEL TO THE NORTHERLY LINE OF ABOVE DESCRIBED PARCEL 111.34
FEET; THENCE NORTH 0° 13' 22" WEST, PARALLEL TO THE EASTERLY LINE OF
HARBOR BOULEVARD 30.75 FEET; THENCE NORTH 89° 54' 38" EAST 38.66 FEET;
THENCE NORTH 00 13' 22" WEST 84.36 FEET TO A POINT ON THE SOUTHERLY LINE
OF FREEDMAN WAY, 60.00 FEET WIDE; THENCE ALONG THE SOUTH LINE OF SAID
FREEDMAN WAY, SOUTH 89° 54' 30" WEST 134.97 FEET TO THE BEGINNING OF A
CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 15.00 FEET;
THENCE WESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 900 07' 52" A LENGTH OF 23.60 FEET TO THE TRUE POINT OF BEGINNING
OF THIS DESCRIPTION.
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PARCEL 2:
BEGINNING AT A POINT SOUTH 00 13' 22" EAST 15.03 FEET FROM THE NORTHWEST
CORNER OF THE ABOVE DESCRIBED PROPERTY SAID POINT BEING ON THE
EASTERLY LINE OF HARBOR BOULEVARD 120 FEET WIDE; THENCE SOUTH 0° 13'
22" EAST ALONG SAID EASTERLY LINE 100.08 FEET; THENCE NORTH 89° 54' 30"
EAST PARALLEL TO THE NORTHERLY LINE OF ABOVE DESCRIBED PARCEL 111.34
FEET; THENCE NORTH 0° 13' 22" WEST, PARALLEL TO THE EASTERLY LINE OF
HARBOR BOULEVARD 30.75 FEET; THENCE NORTH 89° 54' 38" EAST 38.66 FEET;
THENCE NORTH 00 13'22" WEST 84.36 FEET TO A POINT ON THE SOUTHERLY LINE
OF FREEDMAN WAY, 60.00 FEET WIDE; THENCE ALONG THE SOUTH LINE OF SAID
FREEDMAN WAY,- SOUTH 89° 54' 30" WEST 134.97 FEET TO THE BEGINNING OF A
CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 15.00 FEET;
THENCE WESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 900 07' 52" A LENGTH OF 23.60 FEET TO THE TRUE POINT OF BEGINNING
OF THIS DESCRIPTION.
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Exhibit B
Amended and Restated Conditions of Approval
The Disneyland Resort Specific Plan No. 92-1
INTRODUCTION
The conditions of approval for development in the Theme Park, Hotel, Parking and Future
Expansion Districts, District A and the C-R Overlay include all mitigation measures and project
design features included as part of Modified Mitigation Monitoring Program No. 0067 (as
modified on October 8, 1996)(as required by Section 21081.6 of the Public Resources Code). For
purposes of these conditions of approval, the following terms are used:
A. Applicant: The Walt Disney Company, its successors and assigns.
B. Property Owner/Developer: Any owner or developer of real property within The
Disneyland Resort Specific Plan Area, including the C-R and Pointe*Anaheim Overlay
Areas and District A.
C. Disneyland Resort; The Disneyland Resort, including a second gated theme park,
modifications to the Disneyland Hotel, a new Disneyland Administration Building, new
hotels, entertainment areas, internal transportation systems, and public parking facilities
in the Parking, Theme Park and Hotel Districts, and the South Parking Area in the
Future Expansion District. None of the conditions of approval contained herein shall be
required to be implemented prior to issuance of any permits for or construction of new
structures, improvements, or other modifications within the existing Disneyland Theme
Park.
D. Second Theme Park: A gated theme park planned south of the existing Disneyland
Theme Park.
Development of the Anaheim GrdenWalk Overlay shall be subject to the conditions of approval
set forth in City Council Resolution No. 2006R- (as it may be amended) approving
Conditional Use Permit No. 4078, as amended, including all mitigation measurestproject design
features set forth in Mitigation Monitoring Program No. 004a (as required by Section 21081.6 of
the Public Resources Code). Applicable conditions set forth in Ordinance No. , as modified
to be appropriate for the Anaheim GardenWalk project, have been incorporated into City Council
Resolution No. 2006R- along with additional project specific conditions. Therefore, the
following conditions shall not be applicable to the Anaheim GardenWalk Overlay.
ELECTRICAL
1. That prior to issuance of each building permit, unless records indicate previous payment,
a fee for street lighting purposes shall be paid to the City of Anaheim based on the length
of street frontage in an amount as established by City Council resolution with credit
against the fee given for City authorized improvements installed by the property
owner/developer.
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2. That pedestrian walkway lighting plans in the public right- of -way shall be reviewed and
approved by the Public Utilities Department, Electrical Services Division and the Police
Department prior to installation.
3. That prior to the approval of each tentative tract or parcel map, or issuance of each
building permit, whichever occurs first, Public Utility Easements (PUE's) will be
recorded and/or abandonment of PUE's will be processed to the satisfaction of the Public
Utilities Department for the following circumstances:
A. As a result of increases in right-of-way, where electrical and communication
facilities are located adjacent to the existing right-of-way, the facilities shall be
either located within the new right-of-way or relocated to new adjacent areas,
requiring a PUE.
B. The undergrounding of power and communication lines along the major streets
will result in the need to obtain PUE's for placement of pad mounted equipment,
and related facilities required as a result of the overhead to underground
conversion work.
C. Alterations to existing private buildings and/or construction of new structures
(buildings, signs, landscaping elements, etc.) may require relocation of existing
electrical and/or communication facilities. This will require abandonment of
existing PUE's and recordation of new PUE's to accommodate the relocation.
4. A. That the roadway lighting of all public streets shall be designed in accordance
with 'the Anaheim Resort Identity Program and associated construction
specifications.
B. Private streets within The Disneyland Resort Specific Plan Area, with the
exception of those within the Hotel and Theme Park Districts, shall have street
lights designed and installed in accordance with the Anaheim Resort Identity
Program.
C. That the property owner/developer shall pay or cause to be paid all costs
associated with replacing the existing City street light system within the public
right-of-way adjacent to or within the Disneyland Resort Specific Plan Area with
street lights designed in accordance with the Anaheim Resort Identity Program.
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ENGINEERING
5. That the following street design elements shall be shown on each tentative tract or parcel
map:
A. Street cross-sections, including dimensions, labels, Circulation Element
designation (i.e., Resort Secondary) and whether public or private.
B. Street grades and vertical alignment; and,
C. Horizontal alignment, including centerline radii, and cul-de-sac radii.
6. That prior to the approval of each final tract or parcel map, vehicular access rights to all
public streets adjacent to subject tract or parcel, except at approved access points, shall be
released and relinquished to the City of Anaheim.
7. That prior to approval of each street improvement plan, the following shall be provided
(for a one (1) year maintenance period) in a manner acceptable to the City Engineer:
A. Public Realm Parkway and median island landscaping and irrigation maintenance.
B. Provision for the replacement of any tree planted in accordance with landscaping
plans in a timely manner in the event that it is removed, damaged, diseased and/or
dead.
8. That prior to issuance of each grading permit, a rough or precise grading plan prepared by
a registered Civil Engineer shall be submitted to the City Engineer for review and
approval.
9. That all storm drain, sewer and street improvement plans shall be designed and
improvements constructed to the satisfaction of the City Engineer.
FIRE
10. That prior to the approval of each Final Site Plan and prior to the issuance of each
building permit, plans shall be reviewed and approved by the Fire Department as being in
conformance with the Uniform Fire Code.
11. That prior to the placement of building materials on a building site, an all-weather road
/driving surface shall be provided from the roadway system to and on the construction
site and to fire hydrants at all times, as required by the Fire Department. Such routes shall
be paved or, subject to the approval of the Fire Department, shall otherwise provide
adequate emergency access. Every building constructed must be accessible to Fire
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Department apparatus. The width and radius of the driving surface must meet the
requirements of Section 10.204 of the Uniform Fire Code as adopted by the City of
Anaheim.
12. That all lockable pedestrian and/or vehicular access gates shall be equipped with "knox
box" devices as required and approved by the Fire Department.
13. That prior to the approval of on-site water plans, unless each commercial building is
initially connected to separate fire services, an unsubordinated covenant satisfactory to
the City Attorney's Office shall be recorded prohibiting any individual sale of buildings
until separate fire services are installed in the building(s) subject to the sale.
14. Combined with Condition No. 11
15. Combined with Condition No. 11
LANDSCAPING
16. That excluding the Disneyland Administration Building, within 120 days following the
issuance of the first building permit for Phase II, the applicant shall commence
installation of roadway improvements, infrastructure improvements and parkway
landscaping and install parkway trees within the Walnut Street Public Realm from Ball
Road to Katella Avenue in accordance with the requirements of Section 5.0 "Design
Plan" of the Specific Plan document. Applicant shall diligently proceed with such
improvements and shall maintain said landscaping through the duration of the
construction.
17. That root and sidewalk barriers shall be provided for trees (with the exception of palm
trees) within seven feet of public sidewalks, unless determined unnecessary by the City
Engineer.
18. That all trees planted in the Public Realm shall be planted in accordance with the
standard City Tree Planting Detail.
19. That with the exception of landscaped areas in the theme parks, prior to final building and
zoning inspections, a licensed landscape architect shall certify to the Planning
Department that all landscaping has been installed in accordance with landscaping plans
approved by the City and on file with the Building Division of the Planning Department.
20. That on-site non -Public Realm landscaping and irrigation systems and Public Realm
landscaping and irrigation systems, within area in which dedication has not been accepted
by the City, shall be maintained by the property owner/developer in compliance with City
standards.
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21. That any tree planted within the Setback Realm shall be replaced in a timely manner in
the event that it is removed, damaged, diseased and/or dead.
22. That a licensed arborist shall be responsible for all tree trimming within the Setback
Realm.
NOISE
23. That prior to the commencement of construction activity, the property owner/developer
shall install and maintain specially designed construction barriers at the construction
project perimeter areas. The construction sound barriers shall be a minimum height of 8'
with a minimum surface weight of 1.25 lbs per square foot or a minimum Sound
Transmission Class Rating (STC) of 25. The structure shall be a continuous barrier. Gates
and other entry doors shall be constructed with suitable mullions, astragels, seals, or other
design techniques to minimize sound leakage when in the closed position. Access doors
should be self closing where feasible. Vision ports are permissible providing they are
filled with an acceptable solid vision product.
24. That sweeping operations in the parking facilities and private streets or on-site roadways
shall be performed utilizing sweeping/scrubbing equipment which operate at a sound
level measured not greater than 60 dBA at the nearest adjacent property line.
25. That pressure washing operations for purposes of building repair and maintenance due to
graffiti or other aesthetical considerations shall be limited to daytime hours of operation
between 7:00 a.m. and 8:00 p.m.
26. That the property owner/developer shall pay all reasonable costs associated with noise
monitoring which shall include monitoring conducted by a certified acoustical engineer
under the direction of the Planning Department to ensure that the Disneyland Resort,
including the South Parking Area, ongoing operations do not exceed 60 dBA at any point
on the exterior project boundary property line between the hours of 7:00 p.m. and 7:00
a.m. of the following day. During the first five (5) years of operation of the Second
Theme Park, said noise monitoring shall be conducted four times a year on a random
basis for a three-day period; and, if the monitoring finds that the 60 dBA threshold is
being exceeded, modifications to the ongoing operations shall be commenced
immediately to bring the sound level below the 60 dBA requirement, with additional
follow-up monitoring conducted to confirm compliance. If a complaint is received by the
City, additional noise monitoring shall be conducted at the discretion of the City; and if
the monitoring finds that the 60 dBA threshold is being exceeded, modifications to
ongoing operations shall be commenced immediately to bring the sound level below the
60 dBA requirement, with additional follow-up monitoring conducted to confirm
compliance. If the Disneyland Resort is in compliance during the first five years, then the
frequency of monitoring shall be semi—annually thereafter.
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27. That no development shall occur unless such development is substantially in accordance
with The Disneyland Resort Specific Plan No. 92-1 document on file with the Planning
Department and marked Exhibit A, Amendment No. 4, Amendment No. 5 to The
Disneyland Resort Specific Plan No. 92-1, and Amendment No. 6 to The Disneyland
Resort Specific Plan No. 92-1. (It should be noted that Amendment Nos. 4, 5 and 6 to
The Disneyland Resort Specific Plan No. 92-1 text and accompanying exhibit changes
relate to development which may occur under the Anaheim GardenWalk Overlay only.
These changes are set forth in Ordinance No. 5689, Ordinance No. 5807, and Ordinance
No. . Except as specifically set forth in said ordinances, all other Disneyland Resort
Specific Plan No. 92-1 provisions, including those adopted in connection with
Amendment No. 3 to The Disneyland Resort Specific Plan No. 92-1 (Ordinance No.
5580) and Adjustments to The Disneyland Resort Specific Plan (Ordinance Nos. 5613,
5736, and 5768), remain unchanged.
PLANNING -RELATED
28. That the aesthetic concepts related to The Disneyland Resort Specific Plan for
improvements along the 1-5 shall be coordinated with plans for the Anaheim Resort area
and the Anaheim Center Master Plan. .
29. That all Final Site Plans shall be prepared in conformance with the Anaheim Resort
Specific Plan Final Site Plan PreFile submittal requirements on file with the Planning
Services Division of the Planning Department. Prior to issuance of building permits,
construction plans shall be in substantial conformance with said Final Site Plans.
30. That prior to issuance of building permits, unless records indicate previous payment, a
fee for street tree purposes shall be paid or caused to be paid to the City of Anaheim
based on the length of street frontage in an amount as established by City Council
resolution with credit against the fee given for City authorized improvements installed by
the property owner/developer.
31. That prior to final building and zoning inspections, all air conditioning facilities and other
roof and ground mounted equipment shall be shielded from public view as required by
the Specific Plan and the sound buffered to comply with City of Anaheim noise
ordinances from any adjacent residential or transient -occupied properties. Such
information shall be specifically shown on the plans submitted for building permits.
32. That except within the Theme Park District, prior to final building and zoning
inspections, all plumbing or other similar pipes and fixtures located on the exterior of the
building shall be fully screened from view of adjacent public rights-of-way and from
adjacent properties by architectural devices and/or appropriate building materials; and,
further, such information shall be specifically shown on the plans submitted for building
permits.
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33. That property owner/developer shall be responsible for the removal of any on-site graffiti
within 24 hours of its application.
34. That the location and configuration of all lighting fixtures including ground -mounted
lighting fixtures utilized to accent buildings, landscape elements, or to illuminate
pedestrian areas in the Hotel District, Parking District and development in the C-R Area
and in District A, shall be shown on all Final Site Plans. All proposed surface parking
area lighting fixtures shall be down -lighted with a maximum height of twelve (12) feet
adjacent to any residential properties. All lighting fixtures shall be shielded to direct
lighting toward the area to be illuminated and away from adjacent residential property
lines. All lighting fixtures, types and locations shall be identified on the plans submitted
for building permits.
35. That in connection with the submittal of Final Site Plans, building elevations shall show
that the rear elevations of buildings visible from a 5 -foot high view point from off-site
areas shall be architecturally accented to portray a finished look.
36. That, in the event a parcel is subdivided and there is a need for common on-site
circulation and/or parking, prior to the recordation of a subdivision map, an
unsubordinated covenant providing for reciprocal access and/or parking, as appropriate,
approved by the City Traffic and Transportation Manager and the Planning Department
and in a form satisfactory to the City Attorney, shall be recorded with the Office of the
Orange County Recorder. A copy of the recorded covenant shall then be submitted to the
Planning Services Division of the Planning Department.
37. That no shuttle/bus/vehicular drop-off areas shall be permitted in hotel/motel or vacation
resort front setback areas.
38. That with the exception of the Disneyland Administration Building, prior to approval of
the first Final Site Plan, issuance of the first building permit or approval of the first
tentative tract or parcel map to implement The Disneyland Resort, whichever occurs first,
The Walt Disney Company shall submit proof to the City of Anaheim that The Walt
Disney Company has entered into an agreement with the Southern California Edison
Company with regard to the relocation of the SCE Easement. Said agreement shall be
consistent with the provisions of the Disneyland Resort Specific Plan, including the
Setback Realm and Private Realm landscape concepts identified in the Section 5, Design
Plan, of the Specific Plan document (Exhibit A). Further, said agreement shall specify
whether the SCE transmission lanes will be undergrounded or enclosed in a structure.
39. Intentionally deleted in connection with the adoption of Ordinance No. 5377.
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POLICE
40. That with the exception of the Theme Park and Parking Districts, which are already
addressed in the Specific Plan, prior to approval of each Final Site Plan and prior to
issuance of each building permit, the Anaheim Police Department shall review and
approve plans for safety, accessibility, crime prevention, and security provisions during
both the construction and operative phases.
STREET MAINTENANCE
41. That trash storage areas shall be provided and maintained in a location acceptable to the
Department of Maintenance and in accordance with approved plans on file with said
Department. Such information shall be specifically shown on the plans submitted for
building permits.
TRAFFIC/CIRCULATION
42. That prior to issuance of a building permit for the West Public Parking Structure, plans
shall be prepared to the satisfaction of the City Traffic and Transportation Manager
showing a minimum of eleven (11) toll lanes and a minimum of 500 vehicle storage
capacity prior to the toll booths; and, prior to final building and zoning inspection for the
West Public Parking Structure, said toll lanes/storage capacity shall be provided.
43. That prior to approval of a Final Site Plan for the East Public Parking Structure, plans
shall be prepared to the satisfaction of the City Traffic and Transportation Manager
showing a minimum of fourteen (14) toll lanes and a minimum of 500 vehicle storage
capacity prior to the toll booths; and, prior to final building and zoning inspection for the
East Public Parking Structure, said toll lanes/storage capacity shall be provided.
44. That gates shall not be installed across any driveway or private street in a manner which
may adversely affect vehicular traffic in the adjacent public streets. Installation of any
gates shall conform to Engineering Standard Plan No. 402 and shall be subject to the
review and approval of the City Traffic and Transportation Manager prior to issuance of a
building permit.
45. That prior to approval of each Final Site Plan or issuance of each building permit,
whichever occurs first, plans for vehicular and pedestrian circulation shall be submitted
to the City Traffic and Transportation Manager for review and approval showing
conformance with Section 5.0, "Design Plan" of the Specific Plan document pertaining to
parking standards. Subject property shall be developed and maintained in conformance
with said plans.
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46. That all driveways shall be constructed to the satisfaction of the City Engineer with
radius curb returns ranging from eight (8) to thirty-five (35) feet, unless otherwise
approved by the City Engineer.
47. That excluding the Disneyland Administration Building, prior to approval of the first
Final Site Plan, tentative tract or parcel map, or issuance of a building permit, whichever
occurs first, for each District, vehicular access points to the public streets shall be subject
to the review and approval of the City Traffic and Transportation Manager. All access
points shall be in substantial conformance with the District Concept Plans in Section 5.0,
"Design Plan", of the Specific Plan document.
48. That prior to approval of each Final Site Plan for the Hotel District including the
Southwest Parking Area, parking plans shall be submitted to show the location and
configuration of hotel employee and guest parking for that site plan. All parking plans
shall be subject to the review and approval of the City Traffic and Transportation
Manager.
49. Applicable elements of the condition combined with amended Condition No. 58.
50. That prior to Final Site Plan approval for parking structures in the Hotel District, signage
plans shall be designed to enhance smooth traffic flows on each level of the parking
structure and shall be submitted to the City Traffic and Transportation Manager for
review and approval.
51. That any modifications to the restricted setback in Project Design Section 3.3-10, to
Walnut Street (e.g., turn restrictions, narrowing of street, etc.) shall be subject to the
review and approval of the Planning Commission. All modifications shall be designed
and constructed to the satisfaction of the City Engineer.
52. That all engineering requirements of the City of Anaheim, including preparation of
improvement plans and installation of all improvements such as curbs and gutters,
sidewalks, water facilities, street grading and pavement, sewer and drainage facilities, or
other appurtenant work shall be complied with as required by the City Engineer and in
accordance with specifications on file in the Office of the City Engineer, as may be
modified by the City Engineer; and, that security in the form of a bond, certificate of
deposit, letter of credit, completion guarantee, or cash, in an amount and form
satisfactory to the City of Anaheim, shall be posted with the City to guarantee the
satisfactory completion of said improvements. Said security shall be posted with the City
prior to the issuance of a building permit or final map approval, whichever occurs first, to
guarantee the installation of the related improvements prior to final building and zoning
inspections in accordance with an approved construction phasing plan. These
requirements may be modified by a Development Agreement between the City of
Anaheim and the applicant with respect to improvements to be implemented by the
applicant.
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53. That prior to issuance of each building permit, the appropriate Citywide Transportation
Impact and Improvement Fee shall be paid to the City of Anaheim in the amount(s)
determined by City Council Resolution. Consistent with the Fee Ordinance, fees may be
reduced in consideration of right-of-way dedication and/or Master Plan of Arterial
Highway facility construction.
54. That prior to issuance of a building permit, the property owner/developer shall provide
proof of their participation in the Anaheim Transportation Network (TNA) and Anaheim
Stadium Business Center and coordinated with the 1-5 Traffic Management Plan.
55. That should a pedestrian bridge over Harbor Boulevard be constructed in Phase III, safe
and convenient pedestrian access to/from the east parkway side of Harbor Boulevard
shall be provided during construction by the applicant, to the satisfaction of the City
Engineer; and, the same shall be provided during construction of the West
Street/Disneyland Drive overcrossing between the Hotel District and the Theme Park
District to/from the east parkway side of West Street/Disneyland Drive.
56. That ongoing operations for the South Parking Area structure shall provide that it be
loaded and emptied to minimize evening noise generation, or other measures acceptable
to the City implemented.
57. Intentionally deleted in connection with the adoption of Ordinance No. 5377.
58. A. That prior to the issuance of the first building permit for the Theme Park Central
Ticketing Plaza or the approval of a Final Site Plan for the Theme Park District
Setback Realm along Harbor Boulevard, the applicant shall submit for review and
approval by the City Engineer, a plan showing the location and design of the
Theme Park District Drop-off Area, which is to be located on the west side of
Harbor Boulevard. Further, that prior to Opening Day of the Second Theme Park,
said facility shall be provided by the applicant in accordance with the approved
plan.
B. That in Phase I1I, in the event that the Drop-off Area is proposed to be relocated
adjacent or internal to the East Parking Facility, that prior to the approval of a
Final Site Plan for the East Parking Facility, the location and design of the drop-
off area shall be subject to the review and approval of the City Engineer. Prior to
final building and zoning inspections of said facility, the drop-off area shall be
provided by the applicant in accordance with the approved plan.
59. That prior to any development associated with uses other than parking within the Future
Expansion District, additional environmental review will be required.
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WATER
60. That prior to final building and zoning inspections, the water backflow equipment and
any other large water system equipment shall be installed to the satisfaction of the Public
Utilities Department, Water Utility Division, in either underground vaults or behind the
Setback Realm area in a manner fully screened from all public streets and alleys. Such
information shall be specifically shown on the plans submitted for Final Site Plan
approval and for building permits.
MISCELLANEOUS
61. That the applicant will build or preserve, or cause to be built or preserved, 500 affordable
housing units in the City of Anaheim in connection with the development of the Project.
The housing units shall be preserved, constructed or under construction prior to the
opening of the Second Theme Park. The City shall cooperate with the applicant in
securing financing, identifying sites and approving entitlements. The applicant shall
consult with the City prior to entering into binding agreements to build or preserve, or
cause to be built or preserved, such housing units in the City. The applicant shall give
priority to the preservation of existing housing units in deteriorating multi -family areas of
the City. The applicant shall give priority to family units of 2 and 3 bedrooms with a goal
of 50% of the units to be 2 or more bedrooms. The applicant shall have discretion to
select the particular projects in which it will participate.' Affordable housing units
required as part of other projects' conditions of approval shall not be eligible for credit. A
minimum of 40% of the units shall serve "very low income households" (as defined in
Title 25 of the California Administration Code, Section 6926). The remainder of the units
will serve "low income households."
62. Intentionally deleted in connection with the adoption of Ordinance No. 5377.
63. That in conjunction with the construction of the East and West Public Parking Facilities,
the Hotel parking structures, and the South Parking Area Structure, no impact driven
piles shall be allowed.
64. Intentionally deleted — no longer applicable.
65. That within thirty (30) days of the City Council's action on Amendment No. 6 to The
Disneyland Resort Specific Plan No. 92-1, the applicant (Anaheim GW, LLC) shall
provide the Planning Department with three (3) copies of an amended Specific Plan
document reflective of the City Council's action. Upon the Planning Department's review
and approval of the amended document as being in conformance with the City Council's
action, twenty-five (25) copies of the final amended document, including one master set
suitable for reproduction, and twenty-five (25) electronic copies (CDs) prepared to the
Planning Director's satisfaction including all text and graphics in the document to enable
amendments to be made to the document in the future, if necessary, shall be provided by
the applicant to the Planning Department.
66. Intentionally deleted (repetitive).
67. That the applicant and/or property owner/developer, as specified in the individual
mitigation measures, shall be held responsible for compliance with the mitigation
measures and that the applicant shall be responsible for implementation of the project
design features identified in Final EIR No. 311 and Addendum and for complying with
the Modified Mitigation Monitoring Program No. 0067, in compliance with Section
21081.6 of the Public Resources Code. Furthermore, the applicant and/or property
owner/developer, as specified in the individual mitigation measures, and the applicant for
project design features, shall be responsible for any direct costs associated with the
monitoring and reporting required to ensure implementation of those mitigation measures
and project design features identified in Final EIR No. 311 and Addendum that have been
incorporated into the Modified Mitigation Monitoring Program No. 0067 (modified on
Oct. 8. 1996). The Modified Mitigation Monitoring Program No. 0067, which includes
mitigation measures and project design features, is attached and made a part of these
conditions of approval.
68. Intentionally deleted — no longer applicable.
69. Intentionally deleted - no longer applicable.
70. Intentionally deleted - no longer applicable.
71. That prior to relocation/construction of the SCE 220kV electrical transmission lines in an
aerial configuration, the applicant shall commit to fund or cause to be funded the
landscaping improvements within the Public Realm parkway and Setback and Private
Realm areas adjacent to the planned SCE 220kV aerial alignment, in accordance with the
requirements of Section 5.0, "Design Plan", of the Specific Plan document for the
following areas: along the east side of Harbor Boulevard (between Freedman Way and
400 feet north of Katella Ave d t ; along Walnut Street); side
andalong Katella
west side ofeen 700
Walnut
feet west of Harbor Boulevard
Street (between Katella Avenue and the existing SCE corridor crossing). The applicant
shall diligently proceed with the implementation of these landscaping improvements in
conformance with constructionstaging
forgeviewsprepared to the satisfaction of the and approval by the City Engineer prior to
ty
Engineer, which shall be submittedto
commencement of the relocation/construction activities.
72. That prior to commencement of Caltrans' improvements for the 1-5 Widening Project in
Harbor Boulevard and Manchester Avenue, the existing 10" water main between the
southeast corner of the Disneyland Administration Building site and Harbor Boulevard
north of Manchester Avenue will aced with a new 16" water main to be
Drive between the Harbor/Manchester
constructed in Manchester Avenue/Midway
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intersection and the Anaheim Boulevard/Midway Drive intersection. The applicant shall
model and simulate, with a field test acceptable to the City of Anaheim, the effect of this
improvement on the current flow conditions for Disneyland back -of -house. If the test
results meet City of Anaheim rules and regulations, but, for some other reason, are not
acceptable to the applicant, then, the applicant shall propose an additional looped water
main acceptable to the City of Anaheim.Ithe
s tt results do not meet City of in
rules and regulations, then, the City will cause he necessary changes to be made
compliance with the City's rules and regulations.
73. Prior to Final Site Plan approval, the Disneyland Resort hotels in the Hotel District will
be designed to accommodate airport bus service to and from their hotels and plans
showing these areas, accessible to the general public, shall be submitted to the City
Engineer for review and approval.
74. Prior to the approval of street improvement plans for the relocation of Cerritos Avenue,
plans shall be submitted to the City Engineer for review and Streroval showing that the
street has been designed to minimize through oWalnut
five ears following the opening of the Second Theme Park, the applicant
75. That every Y Manager for
shall submit a parking evaluation to the City Traffic and Transportation Manag
review and approval, to assess the adequacy of parking for The Disneyland Resort
project. The parking evaluation shall be paid for by the applicant and shall be prepared to
the satisfaction of the City Traffic and Transportation Manager. If the parking evaluation
indicates that parking is deficient, then additional parking spaces shall be provided in
accordance with the recommendations of the evaluation and in conformance with the
Disneyland Resort Specific Plan.
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AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above -entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper that
has been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951, Case No. A-21021 in and for the City of
Anaheim, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
May 4, 2006
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: May 4, 2006
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-2209
PROOF OF PUBLICATION
This space is for the County Clerk's Filing Stamp
Proof of Publication of
SUMMARY PUBLICATION
CITY OF ANAHEIM
ORDINANCE NO. 6022
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING THE DISNEYLAND
RESORT SPECIFIC PLAN NO. 92-1 AND CHAPTER
18.114 OF THE ANAHEIM MUNICIPAL CODE AND
AMENDING ORDINANCE NOS. 5377 AND 5378, AS
PREVIOUSLY AMENDED, ACCORDINGLY (AMEND-
MENT NO. 6)
This ordinance amends various sections of Chapter 18.114
of the Anaheim Municipal Code to change the project refer-
ence contained therein from 'Pointe Anaheim Lifestyle Re-
tail and Entertainment Complex" to "Anaheim GardenWalk
project" and the overlay reference from 'Pointe Anaheim
Overlay' to "Anaheim GardenWalk Overlay.' The ordinance
also amends The Disneyland Resort Specific Plan No. 92-1
to reflect changes to the project description, as described
above, and the intensity assigned to Area A and Area B of
the project.
The amendment also modifies the zoning and development'
standards applicable to the Anaheim GardenWalk project to
provide for the development of 569,750 square feet at spe-
cialty retail, restaurants, and entertainment, including a mul-
tiplex movie theater; 1,628 hotel rooms/suffes (including up
to 500 vacation ownership units) and 278,817 square feet of
hotel accessory uses; a transportation center; and 4,800
parking spaces and 15 bus spaces, and changes the condi
tions of approval of The Disneyland Resort Specific Plan
No. 921.
1, Sheryl Schroeder, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is a summary of Ordinance
No. 6022 which ordinance was re -introduced at a regular
meeting of the City Council of the City of Anaheim on the
11th day o1 April, 2006 and was duly passed and adopted at
a special meeting of said Council on the 251h day of April,
2006 by the following roll call vofe of the members thereof:
AYES: Mayor Pringle, Council Members Sidhu,
Hernandez, Galloway, Chavez
NOES: None
ABSENT: None
The above summary is a brief description of the subject
matter contained in the text of Ordinance No. 6022, which
has been prepared pursuant to Section 512 of the Charter of
the City of Anaheim. This summary does not include or de-
scribe every provision of the ordinance and should not be
relied on as a substitute for the full text of the ordinance.
To obtain a copy of the full text of the ordinance, please
contact the Office of the City, Clerk, (714) 765-5166, between
8:00 AM and 5:00 PM, Monday through Friday. There is no
charge for the Copy.
Publish: Anaheim Bulletin
May 4, 2006
25-371 8020644